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
This story is from the November 2018 edition of Legal Era.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber ? Sign In
This story is from the November 2018 edition of Legal Era.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber? Sign In
If You Think Positive Covid Is A Big Opportunity
Senior Vice President and Head of Legal, ESSAR CAPITAL, Badrinath Durvasula, holds forth on his professional journey, the essence of leadership, working from home, books and more…
PROJECT DEVELOPMENT
JOINT VENTURE TRANSACTIONS
NEW ARBITRATION RULES
PUBLISHED BY THE LONDON COURT OF INTERNATIONAL ARBITRATION (LCIA) AND INTERNATIONAL CHAMBER OF COMMERCE (ICC)
M&A in the time of COVID and beyond
What is clear for those engaging in cross-border M&A is that countries around the world are becoming increasingly protective of their economies and industries, with new rules being introduced and existing rules being more widely applied
SWITZERLAND A DIFFERENTIATED APPROACH TO FRAUD
Swiss law interprets the offense of fraud in a special way where in addition to the characteristics of deception and damage as known in many jurisdictions, a qualified lie, i.e. a malicious approach, is required
JOINT VENTURE DISPUTES MEDIATING
Mediation has shown itself to be a powerful tool for bringing a speedy and effective end to crossborder disputes while preserving the commercial relationship between them.
Recognition of HONG KONG INSOLVENCY PROCEEDINGS IN MAINLAND CHINA
A TEST CASE IN THE MAKING?
CONFIDENTIALITY IN ARBITRATION: RECENT DEVELOPMENTS IN SINGAPORE
Two recent developments in Singapore case law and legislation reflect a willingness to preserve confidentiality related obligations in all arbitrations
ESSENTIAL GOODS SERVICES UNDER IBC
WHAT DOES IT ESSENTIALLY MEAN?
A BIDEN ADMINISTRATION'S NEW VISION FOR THE AMERICAN WORKPLACE
A LOOK AT THE KEY CHANGES PRESIDENT-ELECT BIDEN IS LIKELY TO MAKE ONCE HE TAKES OFFICE
