Misrepresentation in Mediation: Efficacy, Expectations, and Ethical Norms
James Richard Coben
Hamline University School of Law
September 9, 2011
Journal of Alternative Dispute Resolution in Employment, Vol. 2, No. 3, p. 4, Fall 2000
It’s not uncommon to hear mediators complain about the widespread use of misrepresentation in mediation. They also concur that candor is what gets cases settled. This dynamic tension highlights a unique aspect of many mediations: it is a process where the negotiator’s propensity to lie is frequently confronted by a neutral’s active encouragement of candor.
Number of Pages in PDF File: 4
Keywords: mediation, ethics, justice, confidentiality, professional conduct, self-determination, neutrality
Date posted: September 9, 2011
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