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16 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Alternative Dispute Resolution (ADR) |
the procedure for settling disputes without litigation, such as arbitration, mediation, or negotiation. ADR procedures are usually less costly and more expeditious. They are increasingly being utilized in disputes that would otherwise result in litigation, including high-profile labor disputes, divorce actions, and personal injury claims.
One of the primary reasons parties may prefer ADR proceedings is that, unlike adversarial litigation, ADR procedures are often collaborative and allow the parties to understand each other's positions. ADR also allows the parties to come up with more creative solutions that a court may not be legally allowed to impose. |
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Accuser Bias |
Test |
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Attribution theory |
Test |
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Bias of the accused |
T |
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Cognitive bias |
T |
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Procedural justice |
Fairness of the process used for reaching decision or resolving a conflict. Individuals perceive that a process is fair when it is respectful, transparent and allows them to have a say. |
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Framing effect |
A cognitive bias that occurs when the same option is presented in different formats. |
Eg A nice person with a bad offer is harder to refuse than a mean person with the same offer |
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Distributive bargaining |
Fixed resources, zero sum, address only one issue. Framing error: often, negotiators assume they are in a distributive bargaining position limiting themselves to a win/lose. |
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Integrative bargaining |
Achieve goals for all parties, more than one issue can be addressed, non zero sum. Learn about the needs of others to create a win/win. |
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Bargaining position |
A demand, you can only satisfy a demand in one way, win/lose |
"I want a raise" |
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Bargaining Interest |
The need that actually underlays the demand; you can satisfy an interest in many ways, win/win |
I want to feel fairly compensated for my work |
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Integrative bargaining |
Integrates the needs of all parties into the agreement. Steps 1 separate people from the problem (do not make problems personal but do use bonding to help in a positive way) 2 focus on interests not positions (interests are win/win postions are win/lose) 3 generate options for mutual gain (brainstorm) 4 generate and use objective criteria to help benchmark the decision (e. g. Benchmark industry salary records in salary negotiations) |
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Distributive negotiation |
Zero sum, there is only so much "stuff" to go around, will result in a win loose or a compromise |
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Anchoring number |
The frame from which negotiations start. The person who gives the first number (if they have enough data) has the advantage as they are framing the negotiation |
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BATNA |
Best alternative to a negotiated agreement (I have options) An action one side can do without the permission of the other side E.g. before you begin a salary negotiation you already have a job offer for a higher salary, you have a BATNA Gives one negotiator the ability to walk away from the negotiation without a very high risk |
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Inviting criticism |
By inviting criticism of your positjon, you avoid triggering the fight or flight response and signal that you want to understand the other groups needed Eg I understand that our offer does not work for you. Could you tell me more about why this offer doesn't meet your needs? |
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