Negotiation & Mediation Skills Flashcards

What is the primary goal of 'transformative mediation' in a divorce context?

Answer: Empowering parties to make their own decisions and recognize each other's needs

Transformative mediation focuses on restoring communication and empowering parties rather than simply producing a settlement document.

Which active listening technique involves nodding, maintaining eye contact, and using brief verbal affirmations during negotiation?

Answer: Attending behaviors

Attending behaviors signal to the speaker that the listener is engaged and encourages continued sharing.

A spouse insists on keeping the marital home despite being unable to afford the mortgage alone. A CDA applying interest-based negotiation would first:

Answer: Ask why staying in the home is important to explore the underlying need

Probing the 'why' behind a position often reveals interests like stability for children or emotional attachment that can be addressed in alternative ways.

In mediation, 'shuttle diplomacy' refers to:

Answer: The mediator going back and forth between parties who are meeting separately

Shuttle diplomacy keeps high-conflict parties separated while the mediator relays offers and information between rooms.

Which of the following best describes a 'positional' bargaining approach in divorce negotiations?

Answer: Each party stakes out a firm demand and makes incremental concessions

Positional bargaining involves defending fixed stances and making small concessions, often leading to less creative and less satisfying outcomes.

When a mediator says 'It sounds like you both want what's best for your children,' they are using which technique?

Answer: Common ground identification

Identifying common ground reduces adversarial dynamics and creates a foundation of shared purpose that facilitates agreement.

What is 'reality testing' as used by a CDA or mediator?

Answer: Helping a party evaluate the feasibility and consequences of their demands

Reality testing challenges a party to consider whether their position is achievable and what would happen if they pursued it in court.