LEGL - Ch. 5 - Answers to Review Questions

LEGL - Ch. 5 - Answers to Review Questions - Chapter 05...

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Chapter 05 - Negotiation and Alternative Dispute Resolution Systems ANSWERS TO REVIEW QUESTIONS AND PROBLEMS - CHAPTER 5 CONFLICTS AND NEGOTIATION 1. Conflicts and Disputes A conflict exists whenever there are two or more points of view. This definition allows us to say conflicts are everywhere and always present. A dispute arises when one party makes a demand on another party, and that party rejects or ignores the demand. Use these other questions and statements to stimulate class discussion. 2. Styles and Methods of Negotiation The five styles of negotiation people instinctively use are avoiding, accommodating, competing, compromising, and collaborating. 3. Positional Negotiation Generally, the price and quantity of items involves will dominate negotiations. Then parties will focus on when the price will be paid and items delivered. 4. Principled Negotiation (a) The seven elements developed by the authors of Getting to Yes include (1) communication, (2) relationship, (3) interests, (4) options, (5) objective criteria, (6) alternatives (BATNA), and (7) commitments. (b) Focusing on these elements typically will help disputing parties discover things they have in common and expand the scope of potential solutions. ALTERNATIVE DISPUTE RESOLUTION (ADR) SYSTEMS 5. Range of Options
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