Mediation Skills - 7 Elements
A quiz to test students' understanding of the video lectures on the 7 elements.
- 1.
Which element does the following statement describe? The motivation behind a demand made by a party to a dispute.
- A.
Interests
- B.
Options
- C.
Criteria
- D.
Alternatives
Correct Answer
A. InterestsExplanation
The given statement describes "interests". In a dispute, interests refer to the underlying needs, desires, or concerns that motivate a party's demand. It goes beyond the specific positions or solutions proposed and focuses on the underlying reasons behind those demands. Understanding and addressing the interests of all parties involved can help in finding a mutually satisfactory resolution to the dispute.Rate this question:
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- 2.
Mary and Sue are fighting over a single orange. Mary wants to drink the orange juice, while Sue wants the orange rind for baking. Which element does this example illustrate?
- A.
Interests
- B.
Options
- C.
Criteria
- D.
Alternatives
Correct Answer
A. InterestsExplanation
This example illustrates "Interests" because Mary and Sue have different desires or goals for the orange. Mary is interested in drinking the orange juice, while Sue is interested in using the orange rind for baking. Their conflicting interests create a situation where they need to find a solution that satisfies both of their interests.Rate this question:
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- 3.
Which of the following is less likely to be an interest than the other three items?
- A.
Goodwill
- B.
Selling price
- C.
Financial security
- D.
Recognition
Correct Answer
B. Selling priceExplanation
Selling price is less likely to be an interest compared to the other three items because goodwill, financial security, and recognition are all factors that individuals or businesses actively seek and value. Goodwill refers to the reputation and positive perception of a company, which can lead to increased customer loyalty and trust. Financial security is a fundamental interest for individuals and businesses, as it ensures stability and the ability to meet financial obligations. Recognition is also highly valued as it signifies acknowledgment and appreciation for one's achievements or contributions. On the other hand, selling price is typically determined by market conditions and negotiation, rather than being a personal interest.Rate this question:
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- 4.
Which element does the following statement describe? "Ways to satisfy an underlying interest."
- A.
Interests
- B.
Options
- C.
Criteria
- D.
Alternatives
Correct Answer
B. OptionsExplanation
The given statement describes "Options" because it refers to different ways or choices that can be considered to fulfill or satisfy a particular interest or need. Options provide alternatives or possibilities to address an underlying interest.Rate this question:
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- 5.
Which statement about options is wrong?
- A.
A party should invent options that will satisfy his interests well.
- B.
A party should invent options that will satisfy the other party’s interests reasonably well so as to create a lasting agreement.
- C.
A party does not need to consider the needs of anyone who is not party to the dispute.
- D.
A party will support an option provided by the other party if it satisfies his own interests.
Correct Answer
C. A party does not need to consider the needs of anyone who is not party to the dispute.Explanation
The statement "A party does not need to consider the needs of anyone who is not party to the dispute" is wrong because when inventing options, it is important to consider the needs and interests of all relevant parties, not just those directly involved in the dispute. By considering the needs of others, a party can create options that have a better chance of satisfying all parties involved and creating a lasting agreement.Rate this question:
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- 6.
Which one of the following is an acceptable ground rule for inventing options?
- A.
Parties should focus on shared interests rather than their own positions.
- B.
The party’s name should be written in brackets after the option which he suggested to indicate its origination.
- C.
Each party should note the positive, then negative, aspects of each option as it is being suggested by the other party.
- D.
By agreeing for an option to be listed, a party is implicitly adopting at least parts of the solution suggested.
Correct Answer
A. Parties should focus on shared interests rather than their own positions.Explanation
An acceptable ground rule for inventing options is for parties to focus on shared interests rather than their own positions. This means that instead of being rigid and solely advocating for their own ideas, parties should prioritize finding common ground and identifying solutions that benefit all parties involved. By doing so, parties can foster collaboration and increase the likelihood of reaching a mutually satisfactory agreement.Rate this question:
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- 7.
Which statement about objective criteria is untrue?
- A.
An example of an objective criterion is a party’s own assessment of the value of his own losses.
- B.
Object criteria work on the principle that parties want to be treated fairly.
- C.
Criteria can be used as a sword (to persuade) and a shield (to defend).
- D.
Objective criteria are used to evaluate an option.
Correct Answer
A. An example of an objective criterion is a party’s own assessment of the value of his own losses. -
- 8.
What happens if you cannot identify any objective criteria?
- A.
Parties can try to identify a fair procedure instead.
- B.
The mediation is not possible, and is bound to fail.
- C.
The mediator has not discharged his duties and should refund any fees paid.
- D.
The parties should meet each other’s claim halfway to narrow the gap.
Correct Answer
A. Parties can try to identify a fair procedure instead.Explanation
If parties cannot identify any objective criteria, they can still try to find a fair procedure instead. This means that they can establish a process or method that both parties agree is fair and unbiased to help them reach a resolution. This could involve setting ground rules, establishing a timeline, or using a specific method of decision-making that both parties find acceptable. By focusing on creating a fair procedure, the parties can still work towards resolving their dispute even without objective criteria.Rate this question:
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- 9.
Which of these is least likely to be considered fair procedure?
- A.
One party cuts, the other party chooses.
- B.
Drawing lots.
- C.
Letting a neutral party decide.
- D.
The parties agree to donate the difference in their claims to charity.
Correct Answer
D. The parties agree to donate the difference in their claims to charity.Explanation
The parties agree to donate the difference in their claims to charity is least likely to be considered fair procedure because it does not involve any objective or impartial method of decision-making. The decision is based on the parties' agreement, which may not necessarily be fair or unbiased. In contrast, the other options (one party cuts, the other party chooses; drawing lots; letting a neutral party decide) involve more objective and impartial methods of decision-making, which are generally considered fairer.Rate this question:
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- 10.
To convert a positional negotiation into one based on legitimate criteria, which of the following should a mediator avoid?
- A.
Ask the parties about the underlying reasons for their respective proposals.
- B.
Ask questions which tend to expose the party’s bottom line in the negotiations.
- C.
Enquire as to why a particular proposal is fair.
- D.
Challenge the party to consider the option from the other party’s point of view.
Correct Answer
B. Ask questions which tend to expose the party’s bottom line in the negotiations.Explanation
The mediator should avoid asking questions that tend to expose the party's bottom line in the negotiations because this can lead to positional bargaining where parties are focused on their own interests rather than finding a solution based on legitimate criteria. By avoiding this type of questioning, the mediator can encourage the parties to consider the underlying reasons for their proposals, explore fairness, and consider the other party's perspective, which can help in converting the negotiation into one based on legitimate criteria.Rate this question:
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- 11.
What is the best way of describing an alternative?
- A.
An alternative is simply another word for option.
- B.
An alternative is something a party can turn to if there is no settlement.
- C.
An alternative helps a party to evaluate his underlying interests.
- D.
An alternative need not be realistic because it is used as a bargaining chip.
Correct Answer
B. An alternative is something a party can turn to if there is no settlement.Explanation
An alternative is something that can be considered or chosen as a substitute or option when a settlement cannot be reached. It provides an alternative course of action or solution for a party involved in a situation where an agreement or resolution cannot be achieved. This suggests that an alternative is a fallback or backup plan that can be pursued in the absence of a settlement.Rate this question:
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- 12.
Which of the following statements about the BATNA (best alternative to a negotiated agreement) is wrong?
- A.
The BATNA is used for reality testing.
- B.
A party should accept the offer only if the BATNA is better than the offer made.
- C.
It may be useful to estimate the other party’s BATNA.
- D.
The BATNA is useful for evaluating one’s options.
Correct Answer
B. A party should accept the offer only if the BATNA is better than the offer made.Explanation
The statement "A party should accept the offer only if the BATNA is better than the offer made" is wrong because in negotiation, a party should accept an offer if it is better than their BATNA, not the other way around. The BATNA is the alternative option a party has if the negotiation fails, and it is used as a benchmark to evaluate the attractiveness of an offer. If the offer is better than the BATNA, it may be considered acceptable and worth accepting.Rate this question:
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- 13.
Which of the following is not an alternative if you are looking at buying a car from John?
- A.
You ask John to throw in a new sound system for the price he is asking.
- B.
You decide to go green by using public transport.
- C.
You continue to use your existing car.
- D.
You consider buying over a car which Mark won in a supermarket lucky draw.
Correct Answer
A. You ask John to throw in a new sound system for the price he is asking.Explanation
The given answer, "You ask John to throw in a new sound system for the price he is asking," is not an alternative if you are looking to buy a car from John because it suggests negotiating for an additional item (sound system) to be included in the purchase. The other options listed are all alternatives to buying a car from John: using public transport, continuing to use your existing car, or considering buying a car won in a lucky draw.Rate this question:
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