Negotiation & Mediation Skills Flashcards

In divorce mediation, what does the term 'BATNA' stand for?

Answer: Best Alternative To a Negotiated Agreement

BATNA (Best Alternative To a Negotiated Agreement) helps parties evaluate whether a proposed settlement is better than their court alternatives.

Which negotiation style involves one party conceding most demands to preserve the relationship?

Answer: Accommodating

Accommodating style prioritizes the relationship over personal gains, often leading one party to yield to the other's demands.

A mediator who remains strictly neutral and does not offer opinions or suggestions is practicing which style?

Answer: Facilitative mediation

Facilitative mediators guide the process without providing opinions, keeping control of the outcome with the parties.

During property division negotiations, a CDA notices one spouse repeatedly interrupts the other. The best immediate response is to:

Answer: Gently redirect by acknowledging both parties and setting a speaking turn

Managing communication dynamics by setting speaking turns maintains a productive and balanced negotiation environment.

Which technique involves restating what a party said in your own words to confirm understanding?

Answer: Paraphrasing

Paraphrasing confirms the listener understood the speaker's message and makes the speaker feel heard.

In interest-based negotiation, what is the primary focus when crafting solutions?

Answer: Underlying needs and interests of both parties

Interest-based negotiation looks beyond stated positions to identify underlying needs, enabling creative solutions that satisfy both parties.

What is 'anchoring' in the context of divorce financial negotiations?

Answer: Setting an initial reference point that influences subsequent offers

Anchoring occurs when the first number introduced in a negotiation disproportionately influences all subsequent offers and counteroffers.