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

41 Pages Posted: 1 May 2007

See all articles by Charles B. Craver

Charles B. Craver

George Washington University - Law School

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.

Keywords: Negotiation Ethics, Negotiation Behavior, Ethics and Negotiation Behavior, ABA Model Rules

JEL Classification: K40

Suggested Citation

Craver, Charles B., Negotiation Ethics: How to Be Deceptive without Being Dishonest/How to Be Assertive without Being Offensive. South Texas Law Review, Vol. 38, p. 713, 1997 ; GWU Law School Public Law Research Paper No. 268; GWU Legal Studies Research Paper No. 268. Available at SSRN: https://ssrn.com/abstract=983773

Charles B. Craver (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States

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