Instructor's Manualglobal.oup.com/.../9780199361182/test_bank_files/chapte… · Web viewChapter 5: Rights-Based Negotiation. RIGHTS-BASED negotiation refers to an adversarial process

Chapter 5: Rights-Based Negotiation

1. RIGHTS-BASED negotiation refers to an adversarial process in which each party

a. Exerts power or influence over the other.

*b. Tries to prove that his or her position is accurate, appropriate, fair, or consistent with relevant laws.

c. Identities underlying interests and works in a collaborative manner to determine a mutually acceptable solution.

d. Transforms the nature of the conflict through improved communication and empowerment.

e. Avoids conflict by referring their disputes to an independent judge or arbitrator.

2. RIGHTS-BASED negotiation is easiest when

*a. Both parties know their rights.

b. Both parties are confused about their rights.

c. Both parties disagree about their rights.

d. The rights of both parties are not clearly established by the law.

e. They have conflicting rights.

3. Which of the following is a RIGHTS-BASED approach to dealing with conflict?

a. A debate over rights

b. An arbitration to determine each party’s rights

c. A dialogue that focuses on the underlying interests of both parties

d. A war using nuclear weapons

*e. Only (a) and (b)

4. A client and helping professional have a dispute over how much the client owes the professional for services offered. Their negotiation seems to be at an impasse. Which of the following is an example of an ALTERNATIVE to negotiation in this case?

a. The helping professional could accept the client’s last offer to pay $250.

*b. The client and professional could engage a mediator to help them resolve the dispute.

c. The parties could look for objective criteria to help them resolve the dispute on their own.

d. The client could try to negotiate a loan from the helping professional.

e. The helping professional could ask the client to do some work at the office in lieu of a cash payment.

5. FACT FINDING refers to a process of

a. Interpreting information that has already been gathered.

b. Providing expert advice.

*c. Gathering information or evidence.

d. Hiring a neutral third person to judge who is right.

e. Only (a) and (b).

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6. Which of the following types of evidence tends to be the most persuasive?

a. Oral testimony by a witness

*b. Documentary evidence by a witness

c. Hearsay evidence by someone who has spoken with a witness

d. Circumstantial evidence

e. Opinions of nonexperts

7. Opinion evidence refers to

a. Presentation of observable facts.

b. A witness’s description of what he or she heard or saw.

*c. Assessments, interpretations, or conclusions that go beyond the presentation of observable facts.

d. The ultimate decision of the judge or jury.

e. All of the above.

8. When debating facts that may be based on scientific evidence, a negotiator should

a. State the results of a research study, without explaining the research methods that were used.

*b. State the results of a research study, including an explanation of the research methods that were used.

c. Explain the research methods used, without stating the actual results of the research.

d. Refuse to discuss research and simply state personal opinions.

e. Accept the other person’s statements as true, without question.

9. The RULE OF LAW suggests that conflicts should be resolved

a. According to who has the greatest power.

b. According to who has the greatest needs.

*c. Civilly, in accordance with the law.

d. Civilly, in accordance with the personal opinions of the judge.

e. Civilly, in accordance with the will of the majority of the people.

10. Which of the following is an example of an INTERNATIONAL LAW?

a. The Health Insurance Portability and Accountability Act

b. The U.S. Declaration of Independence

c. The Policies and By-Laws of the Pharmacea International Corporation

d. The norms of the Jamaican community

*e. The U.N. Declaration of Human Rights

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11. CASE LAW refers to

a. Laws passed by the legislative branch of government.

b. Laws passed by the executive branch of government.

c. Laws passed by municipal, state, federal, or international governments.

*d. Legal principles that develop through cases heard by judges.


12. During RIGHTS-BASED negotiation, negotiators could refer to rights established in

a. Case law.

b. Statutory law.

c. Agency policies.

d. Professional codes of ethics.

*e. All of the above.

13. When a client and helping professional sign a SERVICE CONTRACT, they are establishing

a. The needs of both parties who signed the agreement.

*b. The rights of both parties who signed the agreement.

c. The rights of people who are not a part of the agreement.

d. The needs of people who are not a part of the agreement.

e. No rights, because only the government can create rights.

14. IMPLICIT RIGHTS are rights that are

*a. Stated expressly in laws or policies.

b. BATNAs.

c. Norms, rules, or expectations that people act upon even though they are not expressly stated in laws or policies.

d. Norms, rules, or expectations that are written in laws or policies, but are not legally enforceable.


15. OBJECTIVE CRITERIA are factors that negotiators may use to choose between options. In order for the criteria to be OBJECTIVE, they should be

a. Antipsychotic.

b. Complicated.

c. Simple.

*d. Fair and unbiased.

e. Based on one person’s ideology.

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16. To persuade others, a negotiator could use a combination of RIGHTS-BASED and POWER-BASED strategies by

*a. Using friends and money to advocate for changes in the law.

b. Burning down the other person’s home.

c. Building consensus by finding common ground.

d. Brainstorming options for solution.


17. Describe the advantages and disadvantages of a rights-based approach to negotiation (as compared to a power-based approach).

18. Identify two state laws that may establish rights that your clients or patients possess in relation to their work with you.

19. What is the advantage of having a written service contract to define the client and professional’s rights and responsibilities?

20. What are the differences between a fact-based dispute and a law-related dispute? Provide one example of each type of dispute to demonstrate the differences.

21. Identify a U.S. Supreme Court decision that has relevance to your work as a professional. What principles does this case stand for?

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Chapter 6: Interest-Based Negotiation1. Ron and Vera are negotiating which person should be responsible for supervising new interns. They make a list

of possible solutions, such as Ron supervises, Vera supervises, and they co-supervise. What is MAKING A LIST an example of?

a. BATNAs

b. Obtaining commitments

c. Improving communication

d. Separating the person from the problem

*e. Generating options

2. Quincy does not like the way that Charles looks at him. Quincy focuses on the issue they are trying to resolve and sets aside his concern about how Charles looks. Quincy is using an interest-based strategy called

a. BATNAs.

b. Obtaining commitments.

c. Objective criteria.

*d. Separating the person from the problem.

e. Brainstorming.

3. FOCUSING ON INTERESTS NOT POSITIONS suggests that negotiators should

a. Identify their position and defend it.

b. Be soft negotiators and accommodate whatever the other person wants.

*c. Identify what is truly important and negotiate based on these concerns, rather than defending just one possible solution.

d. Explore various alternatives to negotiating and determine a position that is most likely to be acceptable by the BATNA.

e. Ensure that any criteria that are used to evaluate options are based on the most interesting positions of the parties.

4. When BRAINSTORMING options for mutual gain, it is useful to

a. Evaluate each option as it is raised by either party.

b. Never evaluate any of the options; just accept all of them.

*c. Wait until a large number of options have been generated before starting to evaluate them.

d. Focus on the first two options that are identified, as these are likely the best ones that the parties will ever propose.

e. Establish a rule that any time a negotiator proposes an option, then that party must be willing to follow through and commit to that option.

5. Rufus says he wants to go on a holiday to Tahiti. He really doesn’t care if the holiday is in Tahiti. He just wants a beautiful location where he can relax. “A beautiful location where he can relax” is an example of a(n)

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a. Alternative.

b. Option

c. BATNA

*d. Underlying interest.

e. Objective commitment.

6. What is an effective way to improve COMMUNICATION?

a. Use active listening skills.

b. Ask questions to clarify what the other person is saying.

c. Speak clearly.

d. Use respectful language.


7. Which of the following is a possible advantage of using a WRITTEN CONTRACT to obtain commitments?

a. Oral agreements are NEVER enforceable.

*b. It ensures that both parties are able see, discuss, and agree to what is written in the agreement.

c. Written agreements are NEVER enforceable.

d. Putting an agreement into writing ensures that neither party has been coerced or exploited by the other side.

e. Some people do not trust written contracts.

8. When BRAINSTORMING OPTIONS FOR MUTUAL GAIN, both negotiators should try to offer options that are

a. Creative.

b. Related to the underlying interests of the parties.

c. Demeaning to the other party.

d. BATNAs.

*e. Only (a) and (b).

9. To build a POSITIVE RELATIONSHIP with another person, an interest-based negotiator should

*a. Separate the person from the problem.

b. Be adversarial.

c. Focus on rights not positions.

d. Create alternatives for mutual gain.


10. In negotiations, POSITIONS are

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a. Underlying interests of the parties.

b. Common concerns of the parties.

*c. Strategic stances or demands of the parties.

d. Options for mutual gain, often generated through brainstorming.

e. Creative solutions.

11. Ronaldo and Venus seem to be headed toward court in a malpractice case. After discussing what they can do, other than going to court, they decide it is preferable to hire an arbitrator. Hiring an arbitrator in this case is their perceived

a. WATNA.

*b. BATNA.

c. BATAA.

d. WATBA.

e. AC/DC Band.

12. Examples of BASIC NEEDS include

a. Love and affection.

b. Self-actualization.

c. Self-esteem.

*d. Sleep, shelter, and safety.


13. During brainstorming and negotiations, FLIPPING refers to

a. Turning a hamburger over so that the flame cooks the raw side.

*b. Reversing an option so that it applies to the other party.

c. Telling the other person that his or her options are stupid.

d. Making a firm commitment, even though the option is not wise.

e. Selecting a neutral third person to generate options.

14. During negotiations, HAT SWITCHING refers to

a. Using power to persuade the other person.

b. Focusing on rights, not positions.

c. Separating the clothes from the person.

d. Adding up the different options and dividing by the number of negotiators in order to obtain the weighted average.

*e. Asking someone to view the situation from another perspective.

15. If the negotiating parties are having difficulty coming up with OBJECTIVE CRITERIA to apply to their conflict, they could

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a. Identify credible research that might help them identify useful criteria.

b. Speak with an expert in the field who could suggest criteria.

c. Consider criteria that have been applied in similar cases.

d. Use rules or guidelines that have been developed for agency policies or professional codes of conduct.


16. Which strategies from INTEREST-BASED negotiation would be most useful for a conflict in which the parties were stuck deciding between two possible solutions, neither of which could satisfy both of them?

17. Two clients (husband and wife) are fighting over whether to keep the toilet seat up or down. What are their underlying interests and how might focusing on interests help them resolve their conflict?

18. You want to take the summer off so you can travel. Your parents (or spouse) tell you that you should take summer classes so you can graduate early. Identify each of your underlying interests and describe how BRAINSTORMING could help you and your parents reach a win-win solution.

19. A probation officer and client with an alcohol addiction are trying to decide which option for treatment would be best for the client: inpatient counseling, outpatient counseling, self-help group, or online treatment. Describe how they could use OBJECTIVE CRITERIA to help resolve this conflict.

20. Describe three strategies that negotiators can use in order to foster CREATIVE OPTIONS?

21. Describe how a negotiator could BUILD TRUST with a party who is not very reliable.

22. Identify three strategies that negotiators can use in order to secure a solid COMMITMENT for any agreements that they reach.

23. What is the difference between an ALTERNATIVE and an OPTION?

24. A helping professional named Prius is preparing for negotiation with a client who is threatening to report her to the clinical supervisor for being uncaring and insensitive. Describe how Prius would determine what her BATNA is. Provide at least four examples of processes that Prius should consider.

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Module III: Mediation1. MEDIATION may be defined as

a. Assisted negotiation.

b. A collaborative form of conflict resolution.

c. A CR process facilitated by a neutral third party.

d. A process that can transform the way that people respond to conflict.


2. The PURPOSE of mediation is

a. To settle conflict as quickly as possible.

b. To resolve underlying emotions.

c. To repair relationships.

d. To empower the parties.

*e. Dependent on one’s values, mandate, and approach to mediation.

3. INTEREST-BASED mediators

a. Encourage parties to settle in the most efficient manner.

b. Tell clients how they should settle.

*c. Provide clients with a joint problem-solving process.

d. Facilitate recognition between the parties.

e. Ignore power issues between the parties.

4. SETTLEMENT-ORIENTED mediators typically

a. Spend 8 to 10 hours with each client in premediation.

*b. Offer clients suggestions on how to resolve their conflict.

c. Impose a solution on the clients without listening to anything they have to say.

d. Foster mutual empathy between the parties.


5. TRANSFORMATIVE MEDIATORS typically

a. Psychoanalyze their clients.

b. Encourage clients to settle as quickly as possible.

*c. Focus on the process and relational issues, rather than reaching a specific type of outcome.

d. Focus on gaining a win-win solution.

e. Conclude mediation in less than 15 minutes.

A. E. Barsky © 2007 CR for the Helping Professions – Test Bank 9

6. THERAPEUTIC MEDIATORS

a. Ignore power imbalances.

*b. Specifically assess for power imbalances, which may be addressed in premediation.

c. Promote power imbalances.

d. Believe they should be neutral, meaning that they do not try to rectify power imbalances.

e. Empower clients by telling them how to resolve their conflicts.

7. EMERGENT MEDIATORS typically

a. Use a written agreement to mediate, which specifies all the terms of the mediation process.

b. Tell clients they are mediators, even if they are not.

*c. Use some mediation skills and strategies, but do not assume the persona of mediator.

d. Use arbitration to resolve conflicts.

e. Act as buffers between the parties.

8. MANDATORY MEDIATION means that

a. Clients must come to an agreement in mediation.

b. Clients must go to jail if they do not reach an agreement in mediation.

c. Clients must be empowered by the mediation process.

*d. Clients must try mediation before they can have access to court or other CR processes.

e. Clients must go to a mediator who is mandated to report child abuse and neglect.

9. MEDIATOR NEUTRALITY is an ethical principle suggesting that a mediator should NOT

a. Have a stake in the outcome of the case.

b. Have a prior relationship that could affect the parties’ perception of the mediator’s ability to treat them equally.

c. Act in a way that favors one party or the other.

d. Use undue influence to persuade the parties.


10. Of the following situations, when is maintaining MEDIATOR IMPARTIALITY most challenging?

a. Both parties have equal bargaining power.

*b. The parties have unequal bargaining power and the mediator needs to rebalance power in order for the process to be fair.

c. Both parties have full trust in the mediator’s ability to be even-handed.

d. Both parties understand that they can terminate mediation at any time.

e. Both parties have lawyers who support the mediation process and have faith in the mediator’s ability to remain equidistant.


11. Which of the following types of mediators tend to be LEAST DIRECTIVE with clients?

a. Settlement-focused

b. Interest-based

c. Therapeutic

*d. Transformative

e. Only (a) and (b)

12. Which of the following types of mediators tend to be MOST DIRECTIVE with clients?

*a. Settlement-focused.

b. Interest-based.

c. Therapeutic.

d. Transformative.

e. No mediators are directive.

13. Traditionally, mediators were not selected because they were neutral, but because they were

a. Very biased.

*b. Well known and highly regarded.

c. Completely anonymous.

d. Free of any values.

e. Highly trained scientists from fields such as aeronautics and paleontology.

14. THERAPEUTIC mediators tend to deal with

a. Commercial disputes.

b. Environmental disputes.

*c. Family disputes.

d. International conflicts.

e. Terrorists and their victims.

15. FEMINIST-INFORMED mediators warn that mediation may be inappropriate in some divorce situations because

a. It is difficult to properly assess for power imbalances, including wife abuse.

b. Even if mediators can assess for power imbalances, they may not be able to properly rebalance power or assure safety.

c. Mediation empowers women.

d. Mediation is a voluntary process.



16. A RETAINER is

a. A method of brainstorming.

b. The opposite of recognition.

*c. An agreement to mediate.

d. A method of facilitating communication.

e. A strategy used by power-based mediators to promote win-win bargaining.

17. Describe two significant differences between the approaches of SETTLEMENT-FOCUSED MEDIATORS and TRANSFORMATIVE MEDIATORS.

18. Describe two significant differences between the approaches of INTEREST-BASED MEDIATORS and THERAPEUTIC MEDIATORS.

19. What is the difference between a CONTRACTUAL MEDIATOR and an EMERGENT MEDIATOR? Provide one example of each type of mediator to show the difference between them.

20. What process goals does a THERAPEUTIC MEDIATOR try to achieve during the PREPARATION PHASE of mediation?

21. Which phases of the mediation process are most important to a SETTLEMENT-FOCUSED MEDIATOR and why?

22. Identify four main skills and activities that a mediator should use during the ORIENTATION TO MEDIATION PHASE.

23. Write a three to four sentence description of how a mediator should explain the nature of CONFIDENTIALITY to clients. Include at least two limits on confidentiality.

24. Write a three to four sentence description of how a mediator should explain the mediator’s role to clients, including mediator NEUTRALITY.

25. At which phase(s) of the mediation process should a mediator screen for possible abuse or violence issues? Explain why it is important to assess for abuse or violence at the phase(s) you have identified.

26. What are the advantages of using a written AGREEMENT TO MEDIATE?

27. What does a mediator try to accomplish during the ISSUE DEFINITION stage of mediation?

28. What skills should a mediator use when clients first tell their stories during mediation? Why are these skills important at this phase of the process?

29. What skills should a mediator use to help clients move from INTERESTS to POSITIONS?


30. What is the difference between a need and an interest, and how might this difference be important in the mediation process?

31. How important is the PROBLEM-SOLVING PHASE for a mediator using a TRANSFORMATIVE approach? Explain your answer.

32. Two parties have reached an IMPASSE during mediation. Provide two examples of skills or strategies that a mediator could use to help them resolve the impasse.

33. Write a two to three sentence explanation of the process of BRAINSTORMING, as you might explain it to clients.

34. Why might it be useful for a mediator to explore BATNAs with clients?

35. What skills or strategies should a mediator use to help clients move from a TENTATIVE AGREEMENT to a FINAL AGREEMENT?

36. What factors should a mediator consider when determining whether to refer clients for independent legal advice?

37. How would a transformative mediator define whether a mediation process was successful? What measures could the TRANSFORMATIVE MEDIATOR use to MEASURE SUCCESS?

38. How would a settlement-focused mediator define whether a mediation process was successful? What measures could the SETTLEMENT-FOCUSED MEDIATOR use to MEASURE SUCCESS?

39. How would an INTEREST-BASED mediator define whether a mediation process was successful? What measures could the INTEREST-BASED MEDIATOR use to MEASURE SUCCESS?

40. What skills or strategies would a THERAPEUTIC MEDIATOR use during the FOLLOW-UP phase?

41. Compare and contrast the role of a mediator with the role of a [nurse, psychotherapist, teacher, or whatever profession that you come from].

42. Why is it important for a mediator to remain impartial?

43. Identify three reasons that it is important to take culture into account during mediation. Explain your answers.

44. Identify three skills that a mediator should use when trying to ensure that he or she properly understands the positions, interests, and expectations of a client from a different cultural background?


Chapter 7: Transformative Mediation

1. According to Folger and Bush’s model of transformative mediation, RECOGNITION refers to

a. Empowering the parties so they have greater control over decisions affecting them.

*b. The process of each party hearing and understanding one another.

c. Choosing the best alternative to a negotiated agreement.

d. Developing a more constructive story of the conflict.


2. Which of the following is an indicator that a mediation client has been empowered?

a. The client is satisfied with the mediator’s decision.

b. The solution to the conflict is a just and fair solution.

c. The other client has less power, because the mediator took away that client’s power.

*d. The client feels more confident in being able to participate in the decision-making process.


3. The ROLE of a TRANSFORMATIVE MEDIATOR is to

*a. Support clients in engaging in discussions, listening, and deciding how to deal with their conflict.

b. Evaluate the best solutions for the clients.

c. Direct clients to deal with each other in a fair and polite manner, applying the law and other criteria in an objective manner.

d. Rebalance power between the parties.


4. TRANSFORMATIVE MEDIATORS view conflict as

a. A problem to be solved.

b. An exchange of resources.

*c. A crisis in human interaction.

d. A boat that needs to be put on an even keel.

e. A burning inferno that requires lots of water to douse the fire.

5. The most relevant measure(s) of SUCCESS in transformative mediation are

a. The ability of both parties to listen to one another.

b. The parties’ ability to take better control of their destinies.

c. High rates of settlement.

*d. Only (a) and (b).

e. Only (b) and (c).

6. TRANSFORMATIVE MEDIATORS tend to be

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*a. Nondirective.

b. Highly directive.

c. Nonvoluntary.

d. Distrustful.

e. Focused on producing social justice.

7. EMPOWERMENT may be observed in transformative mediation when the parties

a. Take risks without sufficient information.

b. Follow the guidance of the mediator.

c. Ignore the mediator.

d. Use paraphrase and summarization to demonstrate they are listening.

*e. Replace their sense of hopelessness with greater optimism.

8. Transformative mediators may EMPOWER clients by helping them

a. Gain awareness of resources in their own possession.

b. Improve their conflict resolution skills.

c. Make thoughtful decisions for themselves.

d. Express their wants and concerns.


9. TRANSFORMATIVE MEDIATORS tend to give clients

*a. Greater power over the mediation process.

b. No power over the mediation process.

c. Clear directions and guidelines about how the mediation process needs to be conducted.

d. Punishments for refusing to accept or abide by ground rules for the mediation process.

e. Positive reinforcement for resolving issues the way that the mediator wants them to resolve the issues.

10. During mediation, CAUCUSING refers to

a. The use of persuasion skills to promote win-win solutions.

b. Having each party brainstorm a separate list of options for solution.

*c. Individual meetings between the mediator and each client.

d. Affirming the dignity and worth of each client.

e. Allowing clients to make their own decisions, regardless of how silly they may be.

11. FACILITATING INSIGHT during mediation refers to

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a. Correcting the biases or assumptions of the parties.

b. Rebalancing power between the parties.

c. Empowering clients by providing them with problem-solving skills.

*d. Helping clients explore their thoughts or feelings so they may gain new or deeper understandings.

e. Providing the time and space to allow clients to vent their thoughts and feelings, letting go of past indignities or frustrations.

12. Which of the following skills are most appropriate for FACILITATING INSIGHT?

a. Tell clients what they should think.

*b. Use listening, questioning, and wondering.

c. Discourage clients from reflecting on the past.

d. Create ground rules that require both parties to be honest with each other.

e. Make up facts and arguments to get clients to become angry with the mediator.

13. Which of the following outcomes fits best with a TRANSFORMATIVE approach to mediation?a. The mediator extinguishes the conflict.

b. The parties avoid the conflict.

*c. The parties grow with the conflict.

d. The mediator explodes the conflict.

e. The mediator becomes the source of the conflict.

14. If the parties have unequal power, a transformative mediator’s role is to

a. Empower and rebalance power between the parties.

*b. Empower both parties, but not rebalance power.

c. Rebalance power without empowering either party.

d. Neither empower nor rebalance power.

e. Disempower the more powerful party.

15. During transformative mediation, RECOGNITION may arise when

a. Parties gain a better understanding of each other’s experiences.

b. Parties apologize for how they may have hurt one another.

c. Parties show concern for one another’s situation.

d. Parties try to gain a better understanding of their conflict.


16. Describe three ways that a transformative mediator can promote recognition between the parties.

17. What is the difference between empowerment and rebalancing power? How is this distinction important to transformative mediators?

18. What is the relationship between empowerment and transformation? How can facilitation of one affect facilitation of the other?

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19. Compare and contrast interest-based mediation with transformative mediation.

20. How is Rogerian humanistic therapy similar to transformative mediation? How is it different?

21. How can a mediator “model recognition”?

22. Identify two strategies that a mediator can use to facilitate recognition of thoughts and perspectives. Provide an example of each strategy.

23. Describe a mediator’s role in supporting apologies or forgiveness.

24. What are the potential benefits of using a transformative approach to mediation?

25. What does it mean for a mediator to “orient clients toward constructive conversation”? Provide an example to demonstrate this strategy.

26. What does it mean for a mediator to “get out of the way” of clients? Provide an example to demonstrate this strategy.

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Chapter 8: Family Mediation and a Therapeutic Approach

1. How is a FAMILY defined?

a. Relationships by blood or marriage

b. Relationships by guardianship or adoption

c. People who live together and care for each other

d. People who share common bonds of love or intimacy

*e. All of the above

2. THERAPEUTIC FAMILY MEDIATION helps families by

a. Dealing only with surface issues.

b. Settling only the most observable types of conflict.

*c. Helping families renegotiate relationships, including roles, rules, and boundaries.

d. Providing them with expert opinions about how to resolve particular conflicts and ensuring that they avoid court.


3. In comparison to transformative mediators, THERAPEUTIC MEDIATORS tend to be more

a. Facilitative.

*b. Directive.

c. Biased and partial.

d. Bizarre.

e. Kind.

4. THERAPEUTIC MEDIATORS often use individual premediation sessions with clients in order to

a. Tell them how to settle.

b. Provide psychotherapy.

c. Offer legal advice.

d. Draft a formal separation agreement that the clients can sign, using the mediator as the witness.

*e. Help them deal with their emotions so they can negotiate more effectively.

5. COMEDIATION refers to

a. A mediator who has a dependent personality disorder.

b. A mediation process in which the mediator enables the clients to be more independent.

*c. Mediation with two or more mediators.

d. Developing a therapeutic alliance between the mediator and the clients.

e. Allowing the clients to vent their emotions in a safe and secure setting.

6. During divorce mediation, the issue of LEGAL CUSTODY can be reframed into plain language by referring to18

a. How the parents will share time with the child

*b. How the parents will share responsibility for decision making

c. How the parents will provide child support

d. How the parents will determine the amount of alimony or spousal support

e. Division of family property

7. The main purpose of DIVORCE MEDIATION is to

a. Help couples remain together.

b. Punish a guilty spouse for infidelity or other inappropriate marital behavior.

*c. Help clients deal with concerns related to child custody, visitation, spousal support, division of property, and other issues related to their divorce.

d. Engage couples in psychotherapy so that they can let go of their old problems and frustrations and be ready to move on to a healthier relationship.

e. Ensure that both parties tell the truth about past indiscretions in their marriage.

8. One of the primary advantages of having couples enter a PRENUPTIAL AGREEMENT is that

a. All the terms of prenuptial agreements are always enforceable.

b. The parties are more likely to separate and divorce if they have a prenuptial agreement.

c. Mediators can provide the couple with marital therapy to help them strengthen the bonds of their relationship.

*d. The parties have a positive relationship at the time they are working out the details of the agreement.


9. The purpose of CHILD PROTECTION MEDIATION is to

a. Determine whether child abuse, neglect, or abandonment has occurred.

b. Determine whether blame for the abuse lies with the parents or others.

*c. Develop a plan to ensure the safety and welfare of the child are ensured.

d. Hold child protection workers accountable for their actions.


10. During ELDER CARE mediation, the elder person may participate in mediation

*a. In all cases where is it is safe and appropriate to include the elder.

b. Only if the guardian agrees.

c. Only if the elder person has no mental or cognitive impairments.

d. Only if an attorney is present throughout the mediation process.

e. In no cases, because others need to make decisions on behalf the elder and it would be too embarrassing to include the elder.

11. Mediation may be used in END-OF-LIFE decision making to

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a. Help families make decisions about medical care for the primary patient.

b. Help family members and medical care providers resolve any conflicts between them.

c. Help family members come to terms with the patient’s condition.

d. Help family members consider quality of life issues, such as palliative care.


12. ESTATE PLANNING mediation may be used

*a. While the person with the estate (property) is still alive.

b. After the person with the estate has died.

c. After the person with the estate has died and a motion is filed in court.

d. After the person with the estate has died and estate taxes have been paid in full.


13. Which type of mediator is most likely to need thorough knowledge of the issues in dispute?

a. Transformative mediators

b. Interest-based mediators

*c. Evaluative mediators

d. Constipated mediators

e. Client-centered mediators

14. Family mediators need to have basic knowledge of

a. Family law.

b. The effect of family conflict on the parents and children.

c. Logistic regression.

d. None of the above.


15. If a CHILD CUSTODY dispute goes to court, the judge is supposed to make a decision based upon

a. The parent’s best interests.

b. The judge’s best interests.

*c. The child’s best interests.

d. The child’s wishes.

e. The least harmful option to the child.

16. CHILD SUPPORT GUIDELINES are laws that provide formulas to calculate child support to be paid by the

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a. Parents to the attorneys.

b. Residential parent to the nonresidential parent.

*c. Nonresidential parent to the residential parent.

d. Innocent spouse to the guilty spouse.

e. Guilty spouse to the innocent spouse.

17. What are the potential advantages of therapeutic family mediation in comparison to interest-based family mediation?

18. What are the functions of premediation in a therapeutic family mediation process?

19. What are the issues that mediators should screen for as part of the family mediation process?

20. How should a mediator deal with safety concerns in a divorce case?

21. What are the pros and cons of power balancing in a therapeutic family mediation process with a couple who are separating?

22. Which specific skills does a family mediator need in order to work effectively with children?

23. What are the advantages and disadvantages of directly involving a child in family mediation sessions?

24. What ethical concerns may arise for mediators who are dealing with child protection cases?

25. What are some examples of possible outcomes in an end-of-life mediation case involving a client in a persistent vegetative state?

26. Identify five potential issues that could be mediated in a separation situation.

27. What types of knowledge should a mediator have if he or she wants to mediate in estate planning cases?

28. What is a “high-conflict divorce situation”? What are some indicators of “high conflict” that a family mediator could observe?

29. What is an “alienated child”?

30. Identify five potential sources of support for parents going through a challenging divorce process. Explain how each source of support could be useful.

31. Describe how gender issues may relate to how a separating couple determines how their children will be cared for after the separation.

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32. Identify two types of intimate partner abuse. Describe how each type of abuse or violence is different from the other.

33. Describe two issues that mediators should discuss with the parties’ attorneys at the beginning stages of family mediation.

34. According to family systems theory and therapy, what is a “strategic question”? Provide an example.

35. According to family systems theory and therapy, what is a “circular question”? Provide an example.

36. How could a family mediator make use of “rational emotive behavior strategies and skills” during family mediation?

37. Provide an example of the narrative family technique of “inviting clients to do more of what is working” using a child protection mediation situation.

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Module IV: Additional Methods of Conflict Resolution

1. Phoebe helps her clients implement an order from the divorce court that specifies how they will care for their children. This process is an example of

a. Fact finding.

b. Trust building.

c. Family group conferencing.

d. Spiritual healing.

*e. Parenting coordination.

2. The Millhouses and the Simpsons are two youth gangs that hate each other. A professional meets with each group separately to encourage each group to act in good faith. This process is an example of

a. Fact finding.

*b. Trust building.



e. Parenting coordination.

3. Dana is helping the Smythe family develop a plan for the care of Grandma Smythe, who has been living alone but is having trouble taking care of herself. Dana invites Grandma, her children, grandchildren, and other close friends to meet to discuss Grandma’s care. This process is an example of

a. Fact finding.

b. Trust building.

*c. Family group conferencing.



4. Steven is helping a group of counselors decide how to deal with clients who pose a threat to others. The counselors disagree on their legal and ethical responsibilities in such instances. Steven helps them develop a plan to gather information on the laws and ethical guidelines that apply to their agency and professions. This process is an example of

*a. Fact finding.

b. Trust building.




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5. Kendra and Mark have had a terrible argument and both feel victimized by it. Their therapist uses a process called deep listening to help each of them reflect on the incident and gain deeper meaning from it. This process is an example of

a. Fact finding.

b. Trust building.


*d. Spiritual healing.


6. An OMBUD is a professional who

a. Hears evidence and renders decisions like a judge.

b. Conducts prayer and rituals to help conflicting parties heal.

c. Uses arbitration to spawn creative solutions.

*d. Uses fact finding to investigate a conflict and makes recommendations based on the information gathered.

e. Advocates on behalf of the weak and prevents the strong from using any of their legitimate power.

7. The first step when trying to engage clients in a typical FACT-FINDING process is

a. Going out and getting the information.

b. Discussing the advantages and disadvantages of different approaches to fact finding.

c. Obtaining consensus on how to proceed.

*d. Explaining what fact finding is.

e. Monitoring the fact-finding process.

8. TRUST BUILDING refers to strategies directed to

a. Overcoming undue fears.

b. Overcoming suspicions between the parties.

c. Fostering competitive relations.

d. Fostering avoidance of conflict.


9. Strategies that BUILD TRUST include

a. Telling clients that anything they say can and will be used against them in a court of law.

*b. Encouraging predictable behavior between the clients.

c. Asking clients to reject any old agreements.

d. Giving the clients misinformation about the other side.

e. Emphasizing how both sides have very different and conflicting values.

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10. PEACEBUILDING refers to

a. Mediating specific solutions.

b. Helping people build solutions that promote justice.

c. Eliminating the possibility of war.

d. Encouraging the parties to fight it out so the winner can take all and be done with it.

*e. A combination of efforts, over an extended period to promote trust, openness, collaboration, and mutual respect.

11. PHYSICAL CAPACITY BUILDING refers to ensuring that the parties have

a. The ability to care and trust.

*b. Basic needs such as food, water, shelter, security, and physical health.

c. Lots of friends and social supports.

d. Faith in a higher power.

e. Good mental health.

12. CR professionals should use PSYCHOLOGICAL CAPACITY BUILDING when they assess that a client

a. Lacks basic needs, such as food and clothes.

b. Lacks family or other social supports.

*c. Has a mental health concern, such as severe depression or anxiety.

d. Has too many people who want to help out.

e. Has a strong sense of purpose in life.

13. PARENTING COORDINATORS typically offer clients

a. Complete confidentiality, with no exceptions.

b. Confidentiality with limited exceptions, such as with child abuse or neglect.

*c. No confidentiality, because they may need to report the parents’ behavior to a judge in a future court hearing.

d. No confidentiality, because parenting coordinators do not have to follow any code of ethics or agency policies.

e. No confidentiality, because confidentiality is generally harmful to parents.

14. FAMILY GROUP CONFERENCES typically involve

a. Immediate family members.

b. Extended family members

c. Important friends or fictive kin.

d. Other support persons.


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15. When using SPIRITUALITY in a conflict resolution process, the CR professional should

a. Decide what spirituality means for the clients.

b. Use the form of spirituality determined by the agency for all clients.

*c. Allow the clients to determine what spirituality means for them.

d. Avoid using anything that smacks of religion, even if both clients agree to it.

e. Flip a coin to see which party’s version of spirituality should apply.

16. APPRECIATIVE INQUIRY refers to

a. An adversarial approach to the use of active listening within neighborhoods and community organizations.

b. Using spirituality to heal the souls of those conflicted by intrapersonal conflict.

c. Offering forgiveness to those who have caused hurt.

*d. A strength-based method of affirming the nature and process of change within human organizations.

e. Assisted negotiation facilitated by an elder from the community.

17. During HEALING CIRCLES, one of the primary methods of communicating is through

a. Storytelling.

*b. Providing direct oral and documentary evidence.

c. Reflecting feelings each time one member of the circle speaks.

d. Reframing.

e. Contracting.

18. A FULL APOLOGY includes

a. A sincere admission of behaving in a way that caused harm.

b. Genuine remorse for causing harm.

c. Forgiving the other person for being a victim.

d. Crying crocodile tears to show that you are very, very sad.


19. What is the difference between PEACEMAKING, PEACEKEEPING, and PEACEBUILDING?

20. Describe the roles of a PARENTING COORDINATOR and how they compare with the role of a mediator.

21. Identify four different ways of promoting SPIRITUAL HEALING.

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22. Describe the process of deep listening. How could deep listening help with a conflict involving two religious groups that have had a long-standing conflict, including violence toward both groups?

23. What are the benefits of using a FAMILY GROUP CONFERENCE to help a child who has experienced neglect?

24. What are the benefits and risks of using ART to help a person who has been subjected to torture?

25. Identify three strategies that a CR professional can use when the parties disagree about whether to start a CR process with a prayer.

26. Identify four possible rituals that could be used during the ending phase of a CR process.

27. What are the functions of a full apology during a conflict resolution process?

28. How can a helping professional help a client make an informed decision about offering forgiveness? Provide an example based on a situation in which a nurse accidentally provides a patient with the wrong medicine.

29. Identify one way in which electronic technology may be used to facilitate conflict resolution. Provide an example related to a situation involving two neighbors who are arguing over who is responsible for maintaining the hedge between their properties.

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Chapter 9: Group Facilitation1. A FACILITATOR’s primary role is

a. To help clients resolve conflict.

b. To help clients listen to one another.

c. To empower clients to make their own decisions.

d. To help parties focus on interests, not positions.

*e. Dependent on the approach to facilitation taken by the facilitator.

2. Facilitators help groups COMMUNICATE by

a. Using active listening skills.

b. Pre-empting barriers to communication.

c. Deciding conflicts on their behalf.

d. Separating groups so that they cannot talk to one another.


3. When helping a TASK GROUP resolve conflict, it would be INAPPROPRIATE for a facilitator to

a. Use a problem-solving approach.

*b. Engage the conflicting parties in therapy.

c. Foster a team approach.

d. Focus the members on the tasks that need to be fulfilled.

e. Help the group set ground rules for discussion.

4. A THERAPEUTIC GROUP is designed to

a. Help clients fulfill specific tasks.

*b. Remediate psychosocial problems through the use of therapeutic techniques, such as exploring deep-rooted fears or dysfunctional relationships.

c. Allow parties to debate political issues with one another.

d. Discourage clients from getting in touch with their feelings.

e. Resolve conflict through a settlement-focused approach, in which the facilitator evaluates the conflict and suggests specific solutions to the parties.

5. During the STORMING stage of group development, a facilitator can expect

a. Lower levels of conflict, because clients are still getting to know one another.

*b. Higher levels of conflict, because clients have already gone through the forming and norming stages.

c. No conflict, because that is a common rule for groups.

d. Group members to ask the facilitator to increase the levels of conflict, because most people would rather fight instead of acting civilly toward one another.


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6. During the NORMING stage of group development, conflict is most likely to arise because group members are

a. Grieving the loss of the group, because it is about to terminate.

*b. Trying to figure out the expectations of the group, including expectations of how they should behave within the group.

c. Not yet part of the group.

d. Working effectively and efficiently on the goals of the group.

e. Venting emotions, with high levels of trust in the facilitator and other group members.

7. To pre-empt the problem of group members with different agendas, a facilitator should

a. Introduce the facilitator’s agenda at the start of the meeting and stick to it.

b. Have no agenda, but just go with the flow.

*c. Negotiate an agenda with group members in advance, gaining their commitment to it prior to the start of the meeting.

d. Have the person with the most power at the meeting state the agenda and tell everyone to follow it.


8. To assess why a particular group member is SILENT, a facilitator could

a. Observe the member’s nonverbal behavior for cues.

b. Ask the group member during the group meeting.

c. Ask the group member in a separate, private caucus.

d. Invite all group members to provide written feedback.


9. Competitive group members may use DOMINATION as a strategy to

a. Invite weaker parties to participate in a full discussion of the issues.

b. Help the facilitator empower the entire group.

*c. Ensure that they get their way on key decisions.

d. Build a positive working relationship among all group members.

e. Recognize the needs of other group members.

10. A DEBATE is a

a. Group encounter where people learn about themselves from intensive, collaborative interactions.

b. Problem-solving process used to help bring the parties to a win-win solution.

c. Court hearing where the parties present evidence and a state-appointed judge decides who is right, or whether someone needs to go to prison.

d. Friendly dialogue in which participants share personal and professional information.

*e. Forum for discussion where conflicting parties advocate for particular positions.

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11. A DIALOGUE may be more appropriate than a debate when the group members are looking for a process that

a. Brings out the two polar extremes of the issues in dispute.

*b. Encourages an open discussion of many points of view and many possible solutions.

c. Leads to a quick decision by a single person in a position of authority.

d. Fosters the competitive spirit between participants.

e. Encourages people to avoid discussion of difficult issues, even if they are important.

12. IDENTITY-BASED group processes help groups deal with conflict by

*a. Helping each group reflect on itself, including its social role expectations, in relation to the other group.

b. Helping group members view themselves as individuals rather than members of a social group.

c. Using a problem-solving process to help group members achieve specific tasks.

d. Reinforcing stereotypes of each group.


13. For a group facilitator to determine the MOST APPROPRIATE APPROACH to employ, the facilitator should consider

a. The type of conflict.

b. The readiness of each party to participate in a particular type of process.

c. The goal for facilitation.

d. Whether a combination of approaches may be useful.


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14. What is the difference between a TASK GROUP and a COUNSELING GROUP? How does the facilitator’s role differ depending on whether conflict arises in a task group or a counseling group?

15. Identify three strategies a facilitator could use to deal with a participant who is constantly interrupting others. Provide an example using a situation involving a case conference in which a therapeutic team is discussing a client who is homeless. A case aide named Arnie keeps interrupting others.

16. What types of conflict are likely to arise during the NORMING stage of group formation?

17. How can a facilitator help group members with the types of conflict that are more likely to arise during the ADJOURNING stage of group formation?

18. Identify three differences between the role of a facilitator in a DIALOGUE process and the role of a facilitator in an IDENTITY-BASED process.

19. Describe the role of a MODERATOR in a debate process.

20. Gaston is SILENT during a group designed for single men who are having difficulty developing intimate relationships. Identify a possible reason for his SILENT behavior and describe how the facilitator should address Gaston’s SILENCE, given the reason that you have identified.

21. The rich people in a group say they want to talk about crime in the community. The poor people in the group say they want to talk about lack of well-paying jobs. Describe a strategy that a facilitator could use to help these two subgroups figure out how to proceed. Identify whether your strategy fits with a particular type of group process (e.g., dialogue, debate, identity-based).

22. Describe two different strategies that a facilitator could use to help a group that seems plagued by LOST ATTENTION and LACK OF FOCUS.

23. Compare and contrast the role of a FACILITATOR and the role of a MEDIATOR.

24. Identify three differences between facilitating a CR process between two INDIVIDUALS and facilitating a CR process between two GROUPS.

25. What are some reasons that group members might not say what they are really thinking? Provide an example using a political group that is discussing who to support in an upcoming election. How might a facilitator deal with this problem?

26. What does the following Anaïs Nin quotation mean? “We don’t see things as they are. We see them as we are.” Relate your answer to identify-based conflict resolution.

27. Describe a cultural island model to identity-based conflict resolution. What are its key components?

28. What are the main goals of a debate format for conflict resolution?

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Chapter 10: Advocacy1. Which of the following is an example of the use of INFORMATION POWER?

a. A social worker tells a client that if she does not cooperate, then the social worker will have to call the police.

*b. A social worker performs a literature review in order to be better able to argue a case before an administrative board.

c. A social worker threatens to terminate a client’s funding.

d. A social worker builds rapport with government officials in hopes that they will support her policy initiative.

e. A social worker take a position in a big chair behind a desk and only leaves a small chair for the client.

2. POWER refers to

a. The intentional use of force to get one’s way.

*b. The capacity to influence others for one’s own purposes, regardless of whether that influence is used.

c. Abuse of information, strength, or other bases of influence.

d. Facilitating self-determination, choice, and autonomy for a client.

e. The need to control another person.

3. POWER WITH refers to

*a. A type of associational power, where people join together for a common purpose.

b. Use of power between two people to try to exploit or compete with one another.

c. A type of personal power that an individual is born with.

d. A type of personal power that an individual learns through modeling.

e. The ability to wear “green” in a manner that makes others envious.

4. If a social worker initially has AN ADVERSARIAL TYPE OF RELATIONSHIP with a decision maker, the social worker would be wise to begin advocacy by

a. Providing the decision maker with neutral information.

b. Taking steps to build trust or a better relationship.

c. Packing bags and moving to another country, because it would be impossible to advocate effectively.

d. Just agreeing with the decision maker and forgetting about the interests of the client that the social worker is representing.

*e. Taking steps to build trust or a better relationship.

5. If a social worker initially has a NEUTRAL relationship with a decision maker, this means that

a. The decision maker is highly distrustful of the social worker.

b. The social worker must be highly distrustful of the decision maker.

c. The decision maker will go along with whatever the social worker says.

d. The social worker will go along with whatever the decision maker says.

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*e. The decision maker is not necessarily going to agree with what the social worker advocates for, but the decision maker will at least give the social worker a fair chance.

6. A social worker has a Moroccan American client who has been denied certain Medicaid benefits. The social worker explains the client’s situation to the Medicaid representative in order to persuade the representative to reverse the earlier decision. This is an example of

a. Couscous advocacy (target is change for a family of a particular ethnic origin).

b. Cracker advocacy (target is change for an organization).

c. Cause advocacy (target is an administrative or policy change).

*d. Case advocacy (target is change for an individual or client).

e. Collective advocacy (target is change for a community).

7. A probation officer asks a client to go to an anger management program. The client initially refuses. The probation officer engages the client in a discussion about his anger and offers to put forward a positive probation report if the client cooperates. In this situation, what role is the probation officer taking?

a. Formal, contractual mediator

b. Advocate for the anger management program

*c. Negotiator with the client

d. Buffer

e. Arbitrator

8. A clinical therapist has a positive relationship with an intake worker at a program for families affected by AIDS. The program has a waiting list and the therapist is advocating for a client family to be placed high on the list, to be admitted as soon as possible. In this situation, the therapist can begin advocacy without needing to focus on the relationship because the intake worker is likely to be a(n)

a. Adversary.

b. Neutral.

*c. Ally.

d. Avoider

e. Compromiser

9. Advocates can advocate “with” clients or “for” clients. An example of helping clients advocate on their own behalf is when a helping professional

a. Writes a letter to the editor to educate the public about how to treat people with disabilities with respect.

b. Calls a state legislator to pass laws to fund programs for people with disabilities.

c. Speaks on behalf of people with disabilities at a public hearing.

d. Provides expert evidence at a hearing on the needs of people with disabilities.

*e. Helps a group of people with disabilities to organize a rally in front of the state capitol to protest cuts for services for people with disabilities.

10. To raise the likelihood of success in advocacy efforts, a helping professional can

a. Work in coalitions with like-minded organizations.

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b. Select and support leaders who act as initiators, have established track records, and/or the ability to revitalize stagnant organizations.

c. Ensure that resources are used in a cost-effective manner.

d. Balance organizational flexibility with consistency and continuity.


11. A mediator sets the agenda, facilitates communication, and organizes who will be in the room at what time. In terms of “power,” these examples show that the mediator has

a. Moral power.

b. Associational power.

*c. Procedure power.

d. Nuisance (or sanctioning) power.

e. Interest-based power.

12. To help a client use “moral power” in conflict resolution, an advocate could

a. Help the client access more financial resources.

b. Teach the client assertiveness skills.

c. Build an alliance between the client and others like the client.

*d. Assist the client with ways to frame the client’s cause in a positive light, showing that good values or ethical principles are on the client’s side.

e. Sanction the client if the client does not cooperate.

13. A clinical supervisor has responsibility within an organization for monitoring clinical practices to ensure that they are competent, ethical, and in accordance with agency policy. This official role within an agency gives the supervisor

*a. Legitimate power in relation to frontline workers.

b. Moral power in relation to clients.

c. Habitual power in relation to the board of directors.

d. Nuisance power in relation to the cleaning staff.


14. The PREPARATION STAGE OF ADVOCACY includes

a. Telling the other party your goals and objectives.

b. Focusing on the issues currently being discussed.

c. Providing the other party with relevant and persuasive information.

*d. Becoming informed with all sides of the issue.

e. None of the above.

15. A social worker is advocating strongly for the rights of people living in poverty. In the heat of a public debate, the social worker states that a particular senator is corrupt and that he is advocating for laws that reduce legal protections for tenants because the senator will financially benefit from undisclosed interests in slum apartments. Despite the social worker’s positive goal of helping clients, the social worker could be liable for “defamation” if the

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a. Social worker is also a landlord and does not disclose this conflict of interest.

*b. Information is untrue and causes harm to the senator’s reputation.

c. Senator really is corrupt and the social worker’s claims are true.

d. Social worker has no agency mandate to advocate.

e. Social worker does not make her points very clearly and nobody really understands what the social worker is saying.

16. Social workers who work for agencies that have charitable foundation status for tax purposes can be restricted on whether and how they advocate, particularly in relation to

a. Advocating for the rights of an individual client, such as a person with physical disabilities.

*b. Legislative or political advocacy, such as supporting a particular candidate for election.

c. Helping clients build self-esteem.

d. Providing funding for other charitable causes.

e. Use of conflict avoidance strategies.

17. A social worker is advocating for an individual client during a case conference at a homeless shelter, asking her co-professionals to extend the stay of the client beyond the 30-day maximum stated in the agency policies. The client has been unable to find alternate accommodations and wants to stay 2 more weeks. Although a social worker has an ethical obligation to advocate for the needs of a client, this principle conflicts with an ethical obligation regarding

a. Following the laws of the state and country.

b. The social worker’s personal belief in client self-determination.

*c. The needs of other clients, or in this case, the group of potential clients who could use the resources at the homeless shelter.

d. The client’s right to informed consent.


18. A community organizer has been asked by a group of Haitian immigrants to help them organize a group that can confront discrimination against Haitian immigrants by government officials and policy makers in the United States. The community organizer is concerned this goes beyond the mandate of her agency, which is to help immigrants with cultural and linguistic adaptation to the United States. Before initiating such a group, the community organizer should seek

a. Authorization of the Haitian government.

*b. Authorization of the agency.

c. Authorization of substitute decision makers, because immigrants have no mental capacity to give informed consent to the social worker.

d. Authorization of the National Association of Social Workers.

e. No authorization from anyone but the social worker’s higher power, as the social worker defines that power.

19. One of the main problems with using NUISANCE POWER to try to influence others for a particular cause is that

a. There is no moral right or wrong in most issues.

b. The status quo is usually the best way to go (“If it ain’t broke, why fix it?”).

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*c. Nuisance behaviors provoke a response, but the response might be a negative response rather than a positive response that the advocate was hoping for.

d. You need to have a lot of expert power to create an effective good nuisance.

e. Most people are conflict avoiders, regardless of how large the nuisance becomes.

20. A psychologist suggests that a child protection worker leave a child in a home because the child seems to be functioning well, even though the parents lack certain parenting skills. This argument to “leave things as they are” is an example of using

a. Moral power.

b. Associational power.

c. Physical power

*d. Habitual power.

e. Flower power.

21. An ADVOCATE is a person whoa. Negotiates for what he or she wants.

b. Helps two parties communicate, by acting as a neutral third party.

c. Decides what is best for a client in need.

*d. Helps clients negotiate for themselves or helps negotiate on behalf of clients.

e. Uses a competitive approach to advocate for a win-win solution.

22. INDIVIDUAL ADVOCACY refers toa. Helping to change a policy

b. Negotiating for a change in the rules that apply to every individual

c. Promoting a change in the way that a program administers services to all its clients

*d. Advancing the interests or wishes of a specific person

e. Bribing an individual decision maker

23. ADMINISTRATIVE ADVOCACY refers toa. Promoting change in the laws of an entire country

b. Advancing the interests of a particular client

c. Advancing the wishes of a particular client

*d. Promoting change within a particular agency or organization

e. Only (a) and (b)

24. If an advocate assesses that a decision maker is an ALLY, then

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a. Advocacy will be relatively more challenging because the decision maker is initially biased against the advocate or his cause.

*b. Advocacy will be relatively easier because the decision maker is initially supportive of the advocate or his cause.

c. Advocacy will be impossible because the decision maker will not be open to reason.

d. The advocate should resign, because advocates should not have allies.

e. The client should find a new advocate, because otherwise the client will be at a disadvantage.

25. If an advocate assesses that a decision maker is an ADVERSARY, thena. The advocate should resign from the case, because it unethical to advocate with an adversary.

*b. Advocacy will be relatively more challenging, because the decision maker is initially biased against the advocate or her cause.

c. Advocacy will be relatively easier because the decision maker is initially supportive of the advocate or her cause.

d. Advocacy will be impossible because adversaries never change their minds.

e. The advocate would be justified in paying a bribe the decision maker.

26. An advocate can help a client advocate on HIS OWN BEHALF bya. Speaking for the client at a public hearing.

*b. Educating the client about his rights.

c. Educating the public about an issue.

d. Lobbying individual policy makers.

e. Writing an advocacy brief that the advocate will submit to the decision makers.

27. An advocate can help advocate FOR A CLIENT by*a. Speaking for the client at a public hearing.

b. Educating the client about her rights.

c. Helping the client gain confidence in public speaking.

d. Helping the client articulate her priorities.

e. Coaching the client on how to negotiate for herself.

28. A party with a POWER DISADVANTAGE hasa. No power.

b. Much more power than the other party.

*c. Relatively less power than the other party.

d. A better chance of winning if she uses power-based negotiation strategies.


29. SANCTIONING POWER refers to the capacity to influence gained through

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a. Having lots of money.

b. Relationships with others.

c. Having a formal position within an organization.

d. Being able to create havoc or difficulties for other people.

* e. Being able to reward or punish.

30. EXPERT POWER refers to the capacity to influence gained througha. Having lots of money.




*e. Having specific knowledge or information.

31. ASSOCIATIONAL POWER refers to the capacity to influence gained througha. Having lots of money.

*b. Relationships with others.



e. Being able to reward or punish.

32. NUISANCE POWER refers to the capacity to influence gained througha. Having lots of money.



*d. Being able to create havoc or difficulties for other people.

e. Being able to reward or punish.

33. Melody can support her position by drawing support from the Bible. This support is an example of usinga. Habitual power.

b. Sanctioning power.

*c. Moral power.

d. Resource power.

e. Procedure power.

34. Sebastian asks to be the chair of the meeting. ACTING AS CHAIR provides Sebastian witha. Habitual power.


c. Moral power.

d. Resource power.

*e. Procedure power.

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35. Triton uses his PHYSICAL STRENGTH to win a fight. This example demonstrates Triton’s use ofa. Habitual power.


*c. Personal power.

d. Resource power.

e. Procedure power.

36. Erica uses her CHARISMA to help win a debate. This example demonstrates Erica’s use ofa. Habitual power.


*c. Personal power.

d. Resource power.

e. Procedure power.

37. Ursula uses her company’s SMART PHONES AND TABLETS to help her advocate. This example demonstrates Ursula’s use of

a. Habitual power.


c. Personal power.

*d. Resource power.

e. Procedure power.

38. To PREPARE for advocacy, an advocate shoulda. Use clear and concise language.

b. Present with confidence.

c. Ensure that everyone will follow up with the agreement.

*d. Assess the nature of the conflict.

e. Use nonjudgmental language.

39. Christopher is a state senator who campaigned on a firm position on keeping minimum wages at the same level for at least 5 more years. Describe how an advocate could help Christopher undo his commitment, so he could support an increase in minimum wages and still save face.

40. Describe three strategies that an advocate could use to help an adversary become more of an ally.

41. Arthur is advocating for better treatment of a patient. He wants to persuade Winnifred to provide the patient with a private room. If he assesses that Winnifred is a NEUTRAL, what types of strategies should Arthur use to try to persuade her?

42. Deirdre has a disease that is not currently recognized by Medicare. Explain how Deirdre’s advocate could make use of ASSOCIATIONAL POWER to help Deirdre get the Medicare policy changed.

43. Quincy is a teenager who lives in a group home and wants the home to allow him to switch schools. He is thinking of acting up as a way to persuade the group home. As an advocate for Quincy, describe the advantages and disadvantages of his use of NUISANCE POWER to try to persuade the home to allow him to switch schools.

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44. Identify five key strategies for writing an effective ADVOCACY BRIEF.

45. What is the difference between a conflict resolution coach and a mediator? Identify at least two strategies that might be appropriate for a coach, but not for a mediator.

46. A client’s parents want a social worker to advocate for the client to get into a special program for adults with autism. The social worker thinks that the client is not eligible and does not want to waste anybody’s time. What ethical issues are raised by this case? How should the social worker resolve these issues?

47. A probation client asks her psychotherapist to release information to her attorney for an upcoming court hearing. The client wants the psychotherapist to advocate that she no longer needs probation. What are the ethical issues for the psychotherapist in this situation? How should she resolve the issues?

48. Diversity Plus provides services from Monday to Friday, from 9 AM to 5 PM. You are advocating for a client who wants to come on the weekend or during an evening. What are the advantages and disadvantages of advocating for a POLICY CHANGE, rather than advocating for an exception for this one individual?

49. How could an advocate use “visualization exercises” to empower a client to negotiate more effectively? Provide examples using a situation involving a high school student who is preparing to participate in a school disciplinary hearing. The student has been charged with vandalizing school property.

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Appendix 1: Decision Trees1. A DECISION TREE is used to help people

a. Determine what types of landscaping to use in their gardens.

*b. Analyze a range of possible decisions and their outcomes.

c. Use active listening skills to resolve conflict.

d. Arbitrate a decision based on the best evidence and arguments presented by both parties.

e. Grow spiritually.

2. A DECISION FORK depicts

a. The outcomes of a decision.

b. The expected values of a particular course of action.

*c. A choice between different courses of action.

d. The amount of food that should be eaten at any one time.

e. How polite or impolite an adversary may be.

3. An OUTCOME FORK depicts

a. The possible processes that a person can choose.

b. The costs of avoiding conflict.

c. The benefits of using an adversarial approach.

*d. The possible consequences of a particular course of action.

e. The largest expected value possible.

4. The ENDPOINT VALUES identify

a. The possible courses of action that two people can choose.

*b. The difference between the benefit and cost of each outcome.

c. The benefits of using an adversarial approach.

d. The largest expected value possible.

e. The costs of each course of action.

5. The EXPECTED VALUE for each outcome fork is calculated by

a. Adding all the benefits of each possible outcome.

*b. The weighted average of the end values for each outcome fork.

c. Subtracting the cost of an adversarial process from the benefit of a collaborative process.

d. Multiplying the end values for each outcome fork by the hypotenuse of a perfect square.

e. Multiplying the end values for each outcome fork by 50 percent.

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6. SOFT FACTORS on a decision tree refer to

a. Costs that can easily be quantified.

b. Benefits that can easily be quantified.

*c. Emotional and relational considerations that cannot be easily quantified.

d. Choices that a person needs to make.


7. The principle of RETRIBUTIVE JUSTICE generally requires that

a. People who have a fight try to reconcile their relationships.

b. People receive praise for committing misdeeds, building on the strengths perspective.

*c. People receive appropriate punishment for committing misdeeds.

d. A whole community be brought together to offer support for the people involved in the conflict.

e. The whole community helps with brainstorming win-win solutions.

8. What is the difference between COMPENSATION and RESTORATION?

9. Identify two advantages and two challenges in using DECISION TREES to help with conflict situations.

10. What is the advantage of involving both parties in developing a DECISION TREE, rather than just having one party develop it?

11. What is the difference between HARD FACTORS and SOFT FACTORS, and how is each depicted on a decision tree?

12. Reggie believes that Zelda breached his confidentiality. He is considering going to court, but that could be expensive and he does not like to speak in public. He is also considering going to mediation, which is less expensive and is in private, which he prefers. Identify two SOFT FACTORS that should be considered in relation to this decision.

13. A union is thinking of going on strike because it feels management is not serious about offering a fair pay raise. What are the choices that the union is considering? How would the union go about finding the information it needs in order to develop a decision tree with percentages and expected values?

14. How can a decision tree be used by a helping professional to prepare for a negotiation process? (Provide a brief case example to demonstrate the value of preparing with a decision tree.)

15. How could a mother and son use a decision tree to help them decide which courses the son should take in high school? Provide examples to illustrate use of the decision tree.

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Appendix 2: Sample Assignment and Process Recording1. The NARRATIVE section of a process recording refers to

a. Summarizing what everyone said in the meeting.

b. Identifying the feelings of the people attending the meeting.

c. Identifying the thoughts of the people attending the meeting.

*d. Writing out, word for word, what everyone said in the meeting.

e. Identifying the skills or theory used by the professionals at the meeting.

2. The REFLECTION section of a process recording refers to

a. Identifying the feelings of the professionals attending the meeting.

b. Identifying the thoughts of the professionals attending the meeting.

c. Summarizing what everyone said in the meeting.

d. Identifying the skills or theory used by the professionals at the meeting.


3. When writing a process recording and CRITIQUE of a role-play, students should

a. Only identify the strengths of their role-play.

b. Only identify the weaknesses of their role-play.

c. Only identify the strengths of the client.

d. Only identify the weaknesses of the client.

*e. Identify the strengths and weaknesses of how the professional made use of CR theory and skills.

4. If the professional in the role-play does not effectively demonstrate the use of a particular skill in a role-play, then students can demonstrate a PRACTICAL UNDERSTANDING OF THIS SKILL by writing

a. That the skill was not used effectively.

*b. An example of how the skill could have been used more effectively.

c. An explanation of why the clients were so difficult.

d. An analysis of the theory behind the skills.

e. A commitment to learn the skill in the future.

5. To identify SKILLS that could be analyzed in the process recording, students may use

a. The inventories of skills in the textbook.

b. Skills identified in other scholarly textbooks.

c. Skills identified in journal articles.

d. Skills identified on scholarly and reputable websites.


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6. What are the benefits of doing PROCESS RECORDINGS of CR role-plays as part of the learning process? (Identify at least three benefits.)

7. What are the challenges of doing PROCESS RECORDINGS of CR role-plays as part of the learning process? (Identify at least three challenges.)

Appendix 3: Metaphoric Storytelling1. METAPHORIC STORYTELLING refers to

a. Telling people how to live their lives.

b. Encouraging people to listen to one another.

c. Focusing on the main issues raise by each client in the conflict.

*d. Using narratives, anecdotes, or analogies to help people see things from a different perspective.

e. Highlighting the cost of not reaching agreement in mediation (i.e., the BATNAs of each party).

2. When a professional uses a metaphor in a CR process, the metaphor should

*a. Carry a positive message about the conflict or how the parties can manage it.

b. Be in words that go above the clients’ heads, so they will need the professional to explain it.

c. Let clients know that they have been foolish, mean, or bad.

d. Tell people what they already know.

e. Invite clients to argue more violently.

3. A client says, “I am so wrapped up in this mess that I cannot breathe.” Describe how a professional can build on this metaphor in a way that helps the client.

Appendix 4: Additional Resources1. Identify three publications that focus on conflict resolution.

2. Identify three research institutes that focus on conflict resolution.

3. Select a particular type of conflict resolution (e.g., family mediation, university ombud, school antiviolence programs). Identify two associations that provide information or support services for this type of CR.

4. Select a particular type of conflict resolution (e.g., victim–offender mediation, labor arbitration, patient advocacy). Describe whether this type of CR requires any type of training, internship, licensing, accreditation, or commitment to a particular code of ethics.

5. Identify a conflict resolution website that relates to your own areas of practice. Critique the website in relation to the information that it provides about conflict resolution (e.g., to what extent it is based on scholarly research, how accurate and clear the information is, how current the information is, and what additional information would be helpful).

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Instructor's Manualglobal.oup.com/.../9780199361182/test_bank_files/chapte… · Web viewChapter 5: Rights-Based Negotiation. RIGHTS-BASED negotiation refers to an adversarial process