Introduction to Negotiation Process

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What is the outcome of a negotiation process if parties can agree on a settlement?

The dispute has ended with peace.

At what levels can the negotiation process occur?

Personal, corporate, or international (diplomatic) level.

Why do parties engage in negotiation?

To create something new that neither could do on their own, or to resolve a problem or dispute between them.

What are the two possible outcomes of interdependence in negotiation?

Win-lose or win-win. Signup and view all the answers

What is the key difference between positional bargaining and principled negotiation?

Positional bargaining is competitive, while principled negotiation is cooperative. Signup and view all the answers

What do parties need to do to influence each other in the negotiation process?

Exchange information and make an effort to influence each other. Signup and view all the answers

What happens when both parties in a negotiation adopt a competitive strategy?

Both sides end up worse off. Signup and view all the answers

What is the primary focus of integrative bargaining?

Developing mutually beneficial agreements based on the interests of the disputants. Signup and view all the answers

What is the main difference between positional bargaining and integrative bargaining?

Positional bargaining is based on fixed, opposing positions, while integrative bargaining focuses on finding creative, mutually beneficial solutions. Signup and view all the answers

What is the limitation of compromising in positional bargaining?

Compromises simply split the difference between the two positions, giving each side half of what they want. Signup and view all the answers

What is the benefit of adopting a cooperative approach to negotiation?

It fosters a cooperative relationship between the parties and helps them find joint gains. Signup and view all the answers

What is the goal of principled negotiation?

To find a 'win-win' solution to the dispute. Signup and view all the answers

What situation often leads to the use of ADR processes?

a hurting stalemate, where neither side can win and both sides are being substantially hurt by continuing the struggle Signup and view all the answers

What is the role of a mediator in a dispute?

to help the parties communicate effectively so they can try to settle the dispute themselves Signup and view all the answers

What is the main difference between mediation and arbitration?

in mediation, the parties decide the outcome; in arbitration, the arbitrator decides the outcome Signup and view all the answers

What type of ADR process is often used to settle labor management disputes?

mediation and arbitration Signup and view all the answers

What is the role of a Special Master in ADR?

to carry out actions on behalf of a court, such as overseeing discovery issues, conferencing cases, or overseeing post-judgment activity Signup and view all the answers

What is one of the primary goals of consultation between negotiators before actual negotiation?

to agree on the agenda of issues to be discussed Signup and view all the answers

What is a characteristic of arbitration compared to a trial?

arbitration is less formal and has more relaxed rules of evidence Signup and view all the answers

What should negotiators do after assembling issues on an agenda?

prioritize their goals and evaluate the possible tradeoffs among them Signup and view all the answers

What happens if one party wants more than the other party is capable or willing to give?

the disputants must either change their goals or end the negotiation Signup and view all the answers

What is the primary purpose of alternative dispute resolution (ADR)?

to resolve disputes in a way that is less formal than is done in the courts Signup and view all the answers

Why might the courts mandate the use of ADR?

to require that disputants try mediation before they take their case to court Signup and view all the answers

When is ADR often used in cases of conflict?

when those conflicts seem to become ready for resolution Signup and view all the answers

What are the advantages of ADR compared to court-based methods like litigation?

Faster, less expensive, more direct participation by disputants, increased satisfaction with outcomes, and improved compliance with agreements. Signup and view all the answers

How does ADR influence the relationship between disputing parties?

Participating in an ADR process often improves the relationship between the disputing parties. Signup and view all the answers

In what type of disputes may compromise not be an appropriate solution?

Disputes where compromise is not appropriate. Signup and view all the answers

What is a potential drawback of ADR, according to the text?

Resolution is not guaranteed. Signup and view all the answers

How do ADR processes approach disputes, compared to court-based methods?

More integrative and less adversarial. Signup and view all the answers