JIBC Conflict Resolution and Mediation 2 — Questions and Answers
Question 1: In mediation, what does the term 'BATNA' stand for?
- Best Alternative To a Negotiated Agreement (Correct answer)
- Basic Approach To Negotiation Analysis
- Bilateral Agreement Through Neutral Arbitration
- Best Approach To Neutral Advocacy
Correct answer: Best Alternative To a Negotiated Agreement
BATNA stands for Best Alternative To a Negotiated Agreement, representing the course of action a party will take if negotiations fail.
Question 2: Which communication technique involves repeating back what someone said in your own words to confirm understanding?
- Reframing
- Paraphrasing (Correct answer)
- Summarizing
- Mirroring
Correct answer: Paraphrasing
Paraphrasing means restating what the speaker said in different words to verify accurate understanding.
Question 3: A mediator who offers their own opinion on the merits of a dispute is practicing which style?
- Facilitative mediation
- Evaluative mediation (Correct answer)
- Transformative mediation
- Narrative mediation
Correct answer: Evaluative mediation
Evaluative mediators assess the strengths and weaknesses of each party's position and may suggest outcomes.
Question 4: Which conflict style is characterized by high assertiveness and low cooperativeness?
- Avoiding
- Accommodating
- Competing (Correct answer)
- Compromising
Correct answer: Competing
Competing involves pursuing one's own interests at the expense of others and is associated with high assertiveness and low cooperativeness.
Question 5: During a joint mediation session, one party becomes extremely hostile. The mediator's best immediate response is to:
- Terminate the mediation permanently
- Call a caucus to separate the parties (Correct answer)
- Allow the hostility to continue to vent emotions
- Side with the calmer party
Correct answer: Call a caucus to separate the parties
Calling a caucus (private session) gives each party space to de-escalate and allows the mediator to address concerns privately.
Question 6: What principle ensures that information shared in mediation cannot be used in later legal proceedings?
- Neutrality
- Voluntariness
- Confidentiality (Correct answer)
- Self-determination
Correct answer: Confidentiality
Confidentiality protects disclosures made during mediation from being used as evidence in subsequent legal proceedings.
Question 7: In interest-based negotiation, the focus is primarily on:
- Legal rights and entitlements
- Underlying needs and motivations (Correct answer)
- Power and leverage
- Procedural fairness
Correct answer: Underlying needs and motivations
Interest-based negotiation focuses on the parties' underlying needs and motivations rather than their stated positions.
In mediation, what does the term 'BATNA' stand for?