ADR Study

Person A is selling a widget which Person B would like to buy. A wants $50 for the widget, but is willing to take $25. B would like to buy the widget for $15, but is willing to pay up to $30. What is the bargaining zone for A and B's transaction?

• $15-$50

• $25-$30

• $15-$25

• $30-$50

Which of the following is NOT a step in developing a BATNA?

• Inventing

• Researching

• Selecting

• Improving

Which of the following represents the biggest advantage in negotiation?

• Knowing the parties' RPs

• 1. Ability to walk away without a deal

• 1. Knowing the parties' needs and objectives

• 1. Political influence

Which of the following is NOT a key goal of Collaborative Law (CL)?

• Providing a civilized, problem-solving process for divorcing spouses.

• Increasing the complexity of legal procedures to protect client rights.

• Minimizing costs and improving compliance with agreements.

• Focusing on maintaining good relationships, particularly for children.

• Increasing privacy in the dispute resolution process.

What is the primary purpose of the disqualification agreement in Collaborative Law?

• To prevent clients from hiring attorneys during the process.

• To ensure that mediators remain impartial.

• To disqualify attorneys from representing their clients in litigation if the process fails.

• To establish formal discovery procedures during negotiations.

• To allow clients to pursue alternative legal representation at any time.

What distinguishes Collaborative Law (CL) from mediation, according to CL proponents?

• Collaborative Law exclusively focuses on emotional reconciliation.

• Mediators are allowed to provide legal advice during the process.

• Collaborative Law avoids power imbalances and provides active legal representation.

• Mediation is quicker and more structured than Collaborative Law.

• Collaborative Law discourages the use of attorneys in the negotiation process.

What is Online Dispute Resolution (ODR)?

• A method that replaces legal representation with AI-driven verdicts in all cases.

• A traditional courtroom process enhanced with basic digital tools for file storage.

• A digital approach to resolving disputes using algorithms, online communication, and automated tools.

• A manual process for courts to gather and analyze data on previous cases for policy changes.

• A system that exclusively focuses on large-scale, high-value corporate litigation.

What are Tiered Dispute Resolution Clauses (TDRCs)?

• Clauses that allow parties to bypass legal agreements and directly file lawsuits.

• Provisions in contracts requiring negotiation or mediation before litigation or arbitration.

• A legal framework that prohibits arbitration in all forms of dispute resolution.

• Clauses that only apply to disputes involving international contracts.

• Agreements focused solely on avoiding legal representation during disputes.

Which of the following is not a best practice for Empathy?

• Having a learning conversation in order to better understand the counterpart’s client and that client’s situation in order to propose solutions that respond to those needs

• Translate the parties’ interests into realistic integrative proposals

• Advance research to find areas of commonality and to be genuinely friendly and curious

• Looping or active listening to confirm that you accurately understand their perspective and that, even if you don’t agree with their position, you respect their position

To effectively engage with a Competitive negotiator, you should:

• 1. Offer compromises and quick resolutions to avoid confrontation

• 1. Allow them to dominate the conversation and make the final decision

• 1. Stay firm in presenting your own views and be prepared to challenge their ideas

• 1. Focus on win-win solutions to ensure both sides feel equally satisfied