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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  

James Richard Coben

Hamline University School of Law

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

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

James Richard Coben (Contact Author)

Hamline University School of Law ( email )

1536 Hewitt Avenue
Saint Paul, MN 55104-1237
United States

HOME PAGE: http://law.hamline.edu/james-coben.html

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