Negotiation Ethics: How to Be Deceptive without Being Dishonest/How to Be Assertive without Being Offensive

Authors

Charles B. Craver, George Washington University Law SchoolFollow

Document Type

Article

Publication Date

1997

Status

Accepted

Abstract

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

SSRN Link

http://ssrn.com/abstract=983773

Recommended Citation

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).