Preview Questions Dispute Resolution Specialist | Role Specific Skill

Question 1: What is the importance of "setting clear expectations" in conflict management, and how can a dispute resolution specialist ensure both parties understand the process and outcomes?

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Clear expectations should be avoided to allow flexibility in the process

Clear expectations should be flexible and change as the process unfolds

Clear expectations are unnecessary if both parties are familiar with each other

Clear expectations set the stage for a productive resolution by ensuring that both parties know what to expect from the process and its outcomes; the specialist should clarify roles and goals at the outset

Question 2: What is the key difference between mediation and arbitration?

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Mediation involves a legal ruling, while arbitration is informal and non-binding

Arbitration is used exclusively for disputes involving government entities

In mediation, the mediator facilitates communication and helps parties reach an agreement, but the mediator does not make a binding decision

Mediation requires a court order, while arbitration does not

Question 3: How should a dispute resolution specialist manage "emotional reactions" in a conflict, particularly when emotions threaten to derail the process?

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Emotions should be used to influence the other party's position

Emotions should be ignored and only factual points discussed

The specialist should acknowledge emotions, create space for both parties to express their feelings, and then steer the conversation back to the issues at hand

Emotions should be immediately suppressed to maintain control

Question 4: What is the significance of "legal citation" in the context of legal research?

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It is only relevant when submitting cases to a court for review

It allows for greater flexibility in presenting legal arguments without providing sources

It helps lawyers avoid using too many primary sources in their research

It ensures that sources are properly credited, allowing others to verify and trace the research

Question 5: How can "cognitive reframing" be used as a tool in conflict management?

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Cognitive reframing helps individuals see a conflict from a different perspective, potentially reducing tension

Cognitive reframing ensures that only one party's perspective is considered to end the dispute

Cognitive reframing applies only in formal legal negotiations, not interpersonal disputes

Cognitive reframing focuses on blaming one party for the conflict to achieve a resolution

Question 6: How should a dispute resolution specialist address "confidentiality" in arbitration proceedings, especially in industries where proprietary information is at stake?

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Confidentiality is not a concern in most dispute resolution settings

Confidentiality is a core element of arbitration, and the specialist should ensure that confidentiality clauses are included in the arbitration agreement and adhered to by all parties

Confidentiality applies only to final awards, not to the arbitration process itself

Confidentiality is irrelevant if the dispute is public