Misrepresentation in Mediation: Efficacy, Expectations, and Ethical Norms
Journal of Alternative Dispute Resolution in Employment, Vol. 2, No. 3, p. 4, Fall 2000
4 Pages Posted: 9 Sep 2011
Date Written: September 9, 2011
Abstract
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.
Keywords: mediation, ethics, justice, confidentiality, professional conduct, self-determination, neutrality
Suggested Citation: Suggested Citation
Coben, James Richard, Misrepresentation in Mediation: Efficacy, Expectations, and Ethical Norms (September 9, 2011). Journal of Alternative Dispute Resolution in Employment, Vol. 2, No. 3, p. 4, Fall 2000, Available at SSRN: https://ssrn.com/abstract=1923953
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