Adversarial Positioning & Distributive Bargaining Self-Quiz










A “zero-sum” scenario is:
Choice 1 When you take a case free of charge (i.e., pro bono).
Choice 2 A negotiating tactic meant to mislead your opponent into thinking he has acquired something of value in exchange for what you have received from him.
Choice 3 A situation where any gain to one party comes at the direct expense of the other.
Choice 4 A situation where neither party will gain anything unless they negotiate in good faith.
In an adversarial negotiation context, one pitfall to avoid is:
Choice 1 Listening to the client’s needs and trying to satisfy the client rather than stick to legal precedent.
Choice 2 Bargaining against oneself by trying to read the other party’s mind.
Choice 3 Imagining the ideal outcome of the negotiation and thinking back from that point in developing strategy.
Choice 4 Considering the total amount at stake in determining negotiation tactics.
Complete the following sentence:
Information, in a competitive negotiation situation_______.
Choice 1 should be provided to the opposition only if so ordered by a court.
Choice 2 should be provided to the opposition only when advantageous.
Choice 3 Should be provided to the opposition at the outset of negotiations.
Choice 4 must be provided to the opposition upon request.
If an attorney postures during negotiations by claiming that her client will “walk away from discussions unless an agreement is reached in 10 days,” that attorney:
Choice 1 Might be making a tactical error, or might be making the right move, depending on circumstances.
Choice 2 Will be subject to sanctions for violating the ethical rules which prohibit threats.
Choice 3 Is compelled to end negotiations if, in fact, no agreement is reached within the time limit.
Choice 4 Must support her claim with a duly notarized affidavit signed by her client.

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