BPTC Negotiation Skills 2 — Questions and Answers
Question 1: Which negotiation tactic involves a party claiming they must refer any decision to an absent authority before agreeing?
- The Bogey tactic
- Good cop/bad cop
- The Higher Authority tactic (Correct answer)
- Salami slicing
Correct answer: The Higher Authority tactic
The Higher Authority tactic is used to delay commitments or limit concessions by claiming that an absent decision-maker must approve any agreement.
Question 2: In negotiation, 'salami slicing' refers to which behaviour?
- Dramatically cutting an opening offer at the last moment to pressure settlement
- Extracting a series of small additional concessions after the main deal appears concluded (Correct answer)
- Dividing the issues in dispute into separate negotiation tracks
- Offering a large concession upfront to build goodwill and reciprocity
Correct answer: Extracting a series of small additional concessions after the main deal appears concluded
Salami slicing involves obtaining small, seemingly minor additional concessions one at a time after the core deal looks settled, with each slice individually hard to refuse but collectively significant.
Question 3: What is 'anchoring' in the context of negotiation?
- Refusing to move from one's opening position regardless of counter-offers
- Making the first offer so as to set a reference point that influences the range of negotiation (Correct answer)
- Tying one party's obligations to the occurrence of a future contingency
- Reaching agreement on all non-financial issues before discussing money
Correct answer: Making the first offer so as to set a reference point that influences the range of negotiation
Anchoring exploits the psychological tendency to give disproportionate weight to the first figure mentioned, so the first offer shapes the expectations and parameters of subsequent bargaining.
Question 4: Which of the following is a recognised technique for breaking a deadlock in negotiation?
- Repeating the same offer more forcefully until the opponent concedes
- Threatening to issue proceedings immediately
- Introducing a new issue or repackaging the deal to create fresh trade-off possibilities (Correct answer)
- Demanding the opponent make all remaining concessions without further movement from your side
Correct answer: Introducing a new issue or repackaging the deal to create fresh trade-off possibilities
Introducing new issues or repackaging existing ones can break deadlock by creating new variables that allow both parties to make movement without losing face on previously stated positions.
Question 5: What does identifying 'tradeable issues' during negotiation preparation help counsel to achieve?
- Determining which legal claims are too weak to pursue
- Calculating the monetary value of all heads of loss
- Finding issues of differing relative value to each side that can be exchanged to reach settlement (Correct answer)
- Identifying which witnesses are likely to be credible at trial
Correct answer: Finding issues of differing relative value to each side that can be exchanged to reach settlement
Tradeable issues are matters that each side values differently, enabling mutually beneficial exchanges where each party concedes on lower-priority items to gain on higher-priority ones.
Question 6: What does 'logrolling' mean in negotiation?
- Making large, early concessions to generate goodwill and encourage reciprocity
- Exchanging concessions on different issues so each party gains on what matters most to them (Correct answer)
- Continuously withdrawing from previously agreed positions as circumstances change
- Using time pressure and artificial deadlines to force an agreement
Correct answer: Exchanging concessions on different issues so each party gains on what matters most to them
Logrolling involves trading concessions across different issues, with each party giving up what is less important to them in return for gains on higher-priority matters.
Question 7: In a BPTC negotiation assessment, on what basis are students primarily evaluated?
- Achieving the highest possible financial settlement for the client regardless of approach
- The quality of the negotiation process, including preparation, communication, and professional conduct (Correct answer)
- Using the most assertive and competitive tactics available
- Reaching a concluded settlement within the first ten minutes of the exercise
Correct answer: The quality of the negotiation process, including preparation, communication, and professional conduct
BPTC assessors focus on the quality of the negotiation process — preparation, identification of interests, communication skills, and professional conduct — rather than purely the outcome achieved.
BPTC Negotiation Skills 2
Which negotiation tactic involves a party claiming they must refer any decision to an absent authority before agreeing?