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Ethical Challenges in Mediation

Have you ever lied in a negotiation?  The most common answer is that it depends on what is meant by lying.  Is representing a higher level of confidence in your BATNA than you actually believe a lie?  Is stating that this offer is the best and final when you know it’s not a lie?  What if there is a general perception that no one ever means best and final the first time they say it — is saying it still a lie?  In a negotiation is it ever unethical to lie?  My goal here is not to answer these questions but to explore how our normal ethical standards may be stretched in a negotiation. In an article earlier this year, the Harvard Program on Negotiation (“PON”) published this article on the importance of building trust in a negotiation.  There are negotiations where the development of trust is more important than

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