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41 Cards in this Set
- Front
- Back
- 3rd side (hint)
Avoidance |
•denying the situation °avoiding people involved •good for: temporary cool off period •bad for: regular use, important issue •costs: not getting what you want |
good for: bad for: costs: |
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suppression |
•pretending everything is fine when it isn't•costs: verbal slander, physical ailment |
costs: |
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accommodation |
•soft positional bargaining •good for:ongoing relationship, nonimportant•bad for: resentment through unwilling accommodation, habitual accommodation |
good for:bad for: |
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compromise |
•each party gives up some of what they want to get some for what they want •alternative to no agreement •bad when: one side is extreme |
bad when: mark ups |
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competition |
•hard positional bargaining •win/lose using influence and wits •good when: emergency, other side doesn't care •bad when: relationship important, coop in future |
good for:bad for: |
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collaboration |
•interest based negotiation •both work together to find a solution using lots of dialogue •good when: issue & relationship are important, need to address all needs •bad when: little time to negotiate, need for training |
good when: bad when: |
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Stonewall |
attorneys advise their clients to keep quiet |
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whitewash |
companies attempt to minimize the effects of their actions, or downplay the public's worries |
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smokescreen |
companies and agencies erect a smokescreen to conceal the truth |
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False front |
organizations entering debate under false pretenses |
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block and blame |
when all else fails distance yourself from the problem and blame others |
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slash and burn |
all out warfare against critics |
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anger |
a defensive response to threat of pain, real or perceived |
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physiological/neurological aspects of anger |
brain activity transfers from frontal lobe to amygdala •emotional flooding •cognitive narrowing |
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responding to anger DO |
•accept their right to be angry •view anger as defensive response •allow venting •validate their feelings •apologize |
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responding to anger DON'T |
•downplay feelings •tell them they're overreacting •label right or wrong |
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BATNA |
Best alternative to a negotiated agreement |
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bottom line |
maximum you can give during a negotiation |
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common forms of power |
•financial •legal authority •political •cultural •access to media |
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interest based negotiation principals |
•separate the people from the problem •focus on interests not positions •invent options for mutual plan •use objective criteria to evaluate options |
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positional negotiation |
fighting for your desired outcome. •positions are presented as extremes at first |
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3 commonalities of alternative dispute resolution |
•involvement of a neutral •participation isn't binding (except binding arbitration) •settlement is voluntary for all |
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ADR |
alternative dispute resolution •processes that use various forms of assisted negotiation to help reach a mutually satisfactory agreement on their own terms |
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types of court cases |
•civil -private party vs private party/gvmt -standard of proof: preponderance of evidence •criminal -acts against society -standard of proof: beyond a reasonable doubt |
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benefits of litigation |
•there will be an outcome •decision is binding and can be enforced •can empower small groups •may set a precedent (court decision that establishes legal principle used in later cases, lower courts must follow equal courts are not obligated) |
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downsides of litigation |
•outcome is uncertain to the very end •decisions is binding •favors wealthy side •communications between parties is blocked |
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advantages of adr |
•less risky •less expensive •likely to address heart of the matter •greater likelihood of stable & durable agreements |
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quasi-judicial process |
•arbitration -binding -non-binding |
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concensus-based processes |
•facilitation •mediation •negotiated rule-making -alternative to administrative procedures act bc more public input |
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facilitation |
a facilitator is available to guide the process without providing any input to either side |
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4 phases of facilitation |
•assessment •convening •negotiating •implementation |
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ground rules |
rules set up by participating groups on how the process should go |
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caucus |
meeting with one or more participants |
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parking lot |
off-topic subjects to be discussed later |
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overwhelming consensus |
•can have predetermined # of dissenters and still be consensus |
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charrettes |
•groups discuss their perceived outcome in a visioning process |
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mediation |
•set up to preserve relationship between parties •mediator more involved than facilitators |
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diff btwn mediation and facilitation |
•more neutral caucusing •neutral more involved •moderates before problems are entrenched |
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litigation protects |
rights |
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mediation & facilitation |
protects interests |
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elements of a written agreement |
•parties •purpose •definitions •dates and deadlines •terms •implementation and monitoring •breach |
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