Chapter 12 Self-test questions

Which option captures all of the methods of Alternative Dispute Resolution (ADR)?

Negotiation and mediation

Negotiation, mediation, arbitration

Negotiation, mediation, arbitration and litigation

What does the acronym 'BATNA' mean?

Better alternative to not agreeing

Best alternative to not agreeing

Be attentive to no agremment

Best avoid the negotiated agreement

Best alternative to a negotiated agreement

Which option best summarises the purpose of drawing up a negotiation plan?

To use as a crib sheet

To clarify your understanding of the negotiating position

To help you explain your client's negotiating position to others (eg, the client, your supervisor, other lawyers in your firm)

All of the above

Which option best describes the approach to negotiation which involves taking, then giving up, a sequence of positions

Adversarial, positional bargaining, win/lose, zero sum

Problem-solving, principled, collaborative, win/win

Adversarial, win/win

Problem-solving, win/lose

Which of the options below best summarises strategies for breaking deadlock?

Move on, ask questions, offer solutions, remind the other side of concessions

Move on, ask questions, offer solutions, remind the other side of concessions, walk away.

The aim of mediation is to reach agreement. True or false?

True

False

Which option best summarises the advantages of mediation?

Cheaper

Takes less time (usually a day as a maximum)

Can be better for the parties' wellbeing

Freedom to create bespoke solutions

All of the above

Mediation is a voluntary process. Do you agree?

Fully

To a limited extent

Not at all

Which option best summarises when mediation would not be suitable?

Where one party unreasonably refuses

Where a point of law has to be resolved, there is a need for a precedent, or there are issues involving human rights

Where a point of law has to be resolved or there is a need for a precedent

In human rights cases

Which option represents the correct order of the stages of a mediation??

Opening statement, cost benefit analysis, factfinding, negotiation, offers, counter-offers, close.

Opening statement, factfinding, cost benefit analysis, negotiation, offers, counter-offers, close.

Opening statement, factfinding, negotiation, cost benefit analysis, offers, counter-offers, close.

Opening statement, factfinding, cost benefit analysis, offers, counter-offers, negotiation, close.

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