CDA Negotiation & Mediation Skills 2 — Questions and Answers
Question 1: In divorce mediation, what does the term 'BATNA' stand for?
- Best Alternative To a Negotiated Agreement (Correct answer)
- Basic Asset Transfer and Negotiation Approach
- Binding Agreement Terms and Neutral Arbitration
- Balanced Approach To Negotiating Assets
Correct 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.
Question 2: Which negotiation style involves one party conceding most demands to preserve the relationship?
- Competitive
- Compromising
- Accommodating (Correct answer)
- Avoiding
Correct answer: Accommodating
Accommodating style prioritizes the relationship over personal gains, often leading one party to yield to the other's demands.
Question 3: A mediator who remains strictly neutral and does not offer opinions or suggestions is practicing which style?
- Evaluative mediation
- Facilitative mediation (Correct answer)
- Transformative mediation
- Directive mediation
Correct answer: Facilitative mediation
Facilitative mediators guide the process without providing opinions, keeping control of the outcome with the parties.
Question 4: During property division negotiations, a CDA notices one spouse repeatedly interrupts the other. The best immediate response is to:
- End the session immediately
- Ignore the behavior and continue
- Gently redirect by acknowledging both parties and setting a speaking turn (Correct answer)
- Side with the interrupted spouse
Correct 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.
Question 5: Which technique involves restating what a party said in your own words to confirm understanding?
- Reframing
- Paraphrasing (Correct answer)
- Anchoring
- Mirroring
Correct answer: Paraphrasing
Paraphrasing confirms the listener understood the speaker's message and makes the speaker feel heard.
Question 6: In interest-based negotiation, what is the primary focus when crafting solutions?
- Each party's stated positions
- Underlying needs and interests of both parties (Correct answer)
- Legal precedents from similar divorce cases
- The mediator's assessment of fairness
Correct 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.
Question 7: What is 'anchoring' in the context of divorce financial negotiations?
- Securing assets so they cannot be transferred
- Setting an initial reference point that influences subsequent offers (Correct answer)
- Legally binding both parties to a preliminary agreement
- Assigning a neutral financial expert to the case
Correct 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.
CDA Negotiation & Mediation Skills 2
In divorce mediation, what does the term 'BATNA' stand for?