Negotiation does leave space for some deception; however, its level has to be evaluated on both legal and ethical scales
An ethical dilemma between appropriate and inappropriate techniques for negotiation is often faced by negotiators. It is often said that “Effectiveness in negotiations depends in part upon one’s willingness to lie.”1 Lying is defined as “any intentionally deceptive message which is stated”2, and may take the form of misrepresentation, bluffing and deception.3 It is such an integral part of negotiation tactic that it is almost impossible to take part in the game of negotiation and not play it; also considered necessary and effective in some degree by most negotiators and scholars.4 However, no doubt, its permissibility and legitimacy in negotiation have to be testified on legal and other ethical grounds or standards. An effective negotiator also takes the elements of personal integrity, credibility and reputation, based on truthfulness, fairness and honesty, seriously.5 This is the point where most negotiators find themselves in an ethical dilemma – to be fair, but also mislead.6 The fault line between ethically appropriate and inappropriate behaviour is not clear. Therefore, legal, professional codes of ethics, morality, perceptions, practical experience have been used to arrive at ethical tests. The tremendous real-life professional challenges faced by negotiators, while keeping a high ethical standard during negotiations, shall always be an evolving study of best practices and techniques. This essay examines theoretical and practical elements faced by negotiators and a possible operating framework to support the best endeavours of negotiators.
LAW: The Minimum Standard Fraud – law
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Denne historien er fra November 2018-utgaven av Legal Era.
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