ADR Resolution Strategies & Communication Skills 3 — Questions and Answers
Question 1: Which dispute resolution style is most appropriate when a long-term relationship must be preserved?
- Adjudication
- Collaborative problem-solving (Correct answer)
- Positional competition
- Avoidance
Correct answer: Collaborative problem-solving
Collaborative problem-solving prioritizes mutual gains and relationship preservation, making it ideal when parties must continue working together.
Question 2: Non-verbal communication cues that a mediator should monitor include all of the following EXCEPT:
- Eye contact patterns
- Posture and body orientation
- The party's written brief (Correct answer)
- Tone and pace of speech
Correct answer: The party's written brief
Written briefs are documentary, not non-verbal behavioral cues; eye contact, posture, and vocal tone all convey real-time emotional information.
Question 3: Anchoring in negotiation refers to:
- Documenting agreed terms in writing
- Setting a reference point that influences subsequent offers (Correct answer)
- Refusing to move from an initial position
- Grounding discussions in legal precedent
Correct answer: Setting a reference point that influences subsequent offers
Anchoring is the cognitive bias where the first number or offer introduced disproportionately influences the negotiation's range.
Question 4: A neutral third party in arbitration differs from a mediator because the arbitrator:
- Facilitates communication without deciding
- Has no authority over the outcome
- Issues a binding or non-binding decision (Correct answer)
- Must be an attorney
Correct answer: Issues a binding or non-binding decision
Unlike mediators who facilitate, arbitrators hear evidence and render a decision that may be binding, depending on the agreement.
Question 5: The 'looping' technique in active listening involves:
- Repeating every word the speaker said verbatim
- Checking your summary with the speaker for accuracy (Correct answer)
- Continuously redirecting the conversation
- Summarizing only positive statements
Correct answer: Checking your summary with the speaker for accuracy
Looping means the listener summarizes what was heard and then checks with the speaker: 'Did I get that right?' ensuring accuracy before moving on.
Question 6: In the Thomas-Kilmann conflict model, the 'compromising' style is characterized by:
- High concern for self, low concern for others
- Low concern for both self and others
- Moderate concern for both self and others (Correct answer)
- High concern for both self and others
Correct answer: Moderate concern for both self and others
Compromising occupies the middle ground — each party gives up something and gains something, reflecting moderate assertiveness and cooperation.
Question 7: Which facilitative strategy helps parties generate creative options without committing to them?
- Reality testing
- Caucusing
- Brainstorming (Correct answer)
- Positional bargaining
Correct answer: Brainstorming
Brainstorming separates option generation from evaluation, encouraging parties to propose ideas freely before assessing feasibility.
ADR Resolution Strategies & Communication Skills 3
Which dispute resolution style is most appropriate when a long-term relationship must be preserved?