This article explores various ethical issues pertaining to negotiation interactions. Model Rule 4.1 proscribes material misrepresentations, but permits puffing and embellishment during bargaining encounters. This is based upon the fact that statements pertaining to one's settlement intentions and subjective values are considered to involve non-material information. It is thus imperative for negotiators to distinguish carefully between such accepted deceptive practices and clearly improper misrepresentations involving material information. The article also discusses the use of assertive tactics that might offend some persons. It points out how negotiators can be assertive without resorting to truly offensive behavior that would be unlikely to advance their underlying interests.
GW Paper Series
GWU Legal Studies Research Paper No. 268; GWU Law School Public Law Research Paper No. 268
Charles B. Craver, Negotiation Ethics: How to Be Deceptive without Being Dishonest/How to Be Assertive without Being Offensive, 38 S. Tex. L. Rev. 713 (1997).