Alternative Dispute Resolution: Mediation

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Questions and Answers

In the context of dispute resolution, what is the primary difference between the 'Information Stage' and the 'Distributive Stage'?

The Information Stage focuses on exploring underlying needs and interests to create value (value creation), while the Distributive Stage centers on claiming value through tactics like power bargaining and planned concessions (value claiming).

Name three power bargaining tactics that might be employed during the Distributive Stage of dispute resolution.

Threats, warnings, promises; ridicule and humor; silence and patience.

What is the main goal of the 'Cooperative Stage' in dispute resolution, and how does it differ from the 'Distributive Stage'?

The main goal of the Cooperative Stage is value maximizing, while the Distributive Stage focuses on value claiming.

Explain how a negotiator's awareness of their 'non-settlement options' influences their approach during the Distributive Stage.

<p>Knowing one's non-settlement options (BATNA - Best Alternative To a Negotiated Agreement) provides a negotiator with a stronger bargaining position and affects their willingness to make concessions.</p> Signup and view all the answers

Describe the role of 'voice and language' as a bargaining tactic during the Distributive Stage.

<p>The tone, style, and specific words used can influence the other party's perceptions, create desired impressions, and potentially manipulate the negotiation dynamic.</p> Signup and view all the answers

How might the use of 'guilt, embarrassment, and indebtedness' impact negotiations during the Distributive Stage?

<p>These emotions can be strategically employed to influence the other party's decisions by creating a sense of obligation or discomfort, potentially leading them to make concessions they otherwise wouldn't.</p> Signup and view all the answers

What is meant by value solidifying in the closing stage of a negotiation?

<p>Value solidifying refers to finalizing the agreed terms and ensuring that all parties are committed to the outcome to prevent later disputes or renegotiations.</p> Signup and view all the answers

In which stage, other than the cooperative stage, might underlying needs and interests of parties be explored?

<p>The Information Stage.</p> Signup and view all the answers

If a negotiator uses silence as a tactic, in which stage of negotiation would they most likely be?

<p>The Distributive Stage.</p> Signup and view all the answers

A negotiator is making carefully planned concession patterns. Which stage of negotiation are they likely in?

<p>The Distributive Stage.</p> Signup and view all the answers

Flashcards

Value Creation in Negotiation

Exploring the underlying needs and interests of the parties involved in a negotiation, focusing on creating mutual value.

Distributive Stage

The stage in negotiation focused on claiming individual value through carefully planned concessions and power bargaining.

Power Bargaining Tactics

Tactics used during the distributive stage of negotiation, including threats, warnings, promises, ridicule, humor, silence, patience, guilt, embarrassment, indebtedness, voice, and language.

Closing Stage

The stage in negotiation focused on solidifying the value that has been created and claimed.

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Cooperative Stage

The stage in negotiation focused on maximizing the value for all parties involved through collaboration and joint problem-solving.

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Non-Settlement Options

A negotiator's options if an agreement is not reached. Understanding these options is crucial for effective negotiation.

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Study Notes

  • Court-annexed or referred mediation is a topic within Alternative Dispute Resolution at the University of Pretoria, course AGF 420.
  • The information stage involves value creation by exploring the underlying needs and interests of parties.
  • The distributive stage involves value claiming with carefully planned concession patterns.
  • Power bargaining involves common power bargaining tactics such as threats, warnings, and promises.
  • Other tactics used are ridicule and humor, silence and patience, guilt, embarrassment and indebtedness, and voice and language.
  • Negotiators must remember their non-settlement options
  • The closing stage involves value solidifying.
  • The cooperative stage involves value maximizing.

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