Define what is meant by the term, Alternative Dispute Resolution (ADR)

Strategies and Tactics

Discuss one of the following statements.

  1. Discuss the Five Negotiation Strategies for Various Situations.
  2. Think about a situation in your life or work in which you need to choose a negotiation strategy.  First answer the questions below regarding the “key elements” of the situation, i.e., time, information, and power, and then answer the strategy questions which can help you select a preferred overall strategy to use as you start negotiating.
    • Is there a deadline that will affect the timing of your bargaining?
    • What is your BATNA and demonstrate how it is calculated?  What is your best estimate of the other party’s BATNA?  Is your BATNA your starting or walk-away point?
    • What other information do you need to collect before you start the negotiation?
    • Is the power between the two sides balanced or who appears to initially have the advantage?
    • If several economic issues are involved, could you develop a MESO or Economic Matrix of alternatives to offer to the other side?
    • Will negotiations primarily focus on one number, such as price, and thus, should you consider a strategy of “Increments of Concession?”

     Impasse and Alternative Dispute Resolutions (ADR)

Discuss two of the following statements.

  1. Define what is meant by the term, Alternative Dispute Resolution (ADR) and discuss the differences, advantages and disadvantages between arbitration and mediation.
  2. Discuss the following statutes that govern the arbitration of disputes:  Taft-Hartley Act 1947; Railway Labor Act (RLA) 1926; and the Federal Arbitration Act (FAA) 1925.
  3. Outline the procedures in arbitration and mediations.  Also describe the roles of the arbitrator and the mediator in the negotiation and bargaining process.
  4. Describe the roles and functions of the American Arbitration Association (AAA) and the Federal Mediation and Conciliation Service (FMCS) and the procedures involved when parties have reached an impasse and are in need of an alternative dispute resolution (ADR).