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9780787969165

What's Fair: Ethics for Negotiators

by ;
  • ISBN13:

    9780787969165

  • ISBN10:

    0787969168

  • Format: Hardcover
  • Copyright: 2004-03-01
  • Publisher: Jossey-Bass
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List Price: $65.00

Summary

"What' s Fair is a landmark collection that focuses exclusively on the crucial topic of ethics in negotiation. Edited by Carrie J. Menkel-Meadow and Michael Wheeler, "What' s Fair contains contributions from some of the best-known practitioners and scholars in the field including Roger Fisher, Howard Raiffa, and Deborah Kolb. The editors and distinguished contributors offer an examination of why ethics matter individually and socially, and explain the essential duties and values of negotiation beyond formal legal requirements. Throughout the book, these experts tackle difficult questions such as: What do we owe our counterparts (if anything) in the way of candor or disclosure? To what extent should we use financial or legal pressure to force settlement? Should we worry about whether an agreement is fair to all the parties, or the effects our negotiated agreements might have on others?

Author Biography

Carrie Menkel-Meadow is professor of law at the Georgetown Law Center in Washington D.C., and associate editor of Negotiation Journal. She is the chair of Georgetown Center for Public Resources Commission on Ethics and Standards in ADR and director, Georgetown-Hewlett Program in Conflict Resolution and Legal Problem Solving.
Michael Wheeler is Class of 1952 Management Professor at the Harvard Business School, a member of the Steering Committee of the Program on Negotiation at Harvard Law School, and editor of Negotiation Journal.

Table of Contents

Preface vii
Acknowledgments xi
Introduction: What's Fair in Negotiation? What Is Ethics in Negotiation? xiii
Carrie Menkel-Meadow
Swimming with Saints/Praying with Sharks xlv
Michael Wheeler
PART ONE: OVERVIEW
1 Three Ethical Issues in Negotiation
5(10)
David A. Lax, James K. Sebenius
2 Ethical and Moral Issues
15(4)
Howard Raiffa
3 Negotiation Analysis
19(4)
Howard Raiffa
4 A Code of Negotiation Practices for Lawyers
23(7)
Roger Fisher
5 The Limits of Integrative Bargaining
30(27)
Gerald B. Wetlaufer
6 Bargaining with the Devil Without Losing Your Soul: Ethics in Negotiation
57(22)
G. Richard Shell
PART TWO: TRUTH TELLING IN NEGOTIATIONS
7 Truthfulness, Deceit, and Trust
79(12)
Sissela Bok
8 Machiavelli and the Bar: Ethical Limitations on Lying in Negotiation
91(17)
James J. White
9 Promoting Honesty in Negotiation: An Exercise in Practical Ethics
108(30)
Peter C. Cramton, J. Gregory Dees
10 On the Ethics of Deception in Negotiation
138(19)
Alan Strudler
11 Deception and Mutual Trust: A Reply to Strudler
157(11)
J. Gregory Dees, Peter C. Cramton
12 The Lawyer's Obligation to Be Trustworthy When Dealing with Opposing Parties
168(7)
Geoffrey C. Hazard, Jr.
13 Curtailing Deception: The Impact of Direct Questions on Lies and Omissions
175(30)
Maurice E. Schweztzer, Rachel Croson
PART THREE: BARGAINING TACTICS
14 Negotiating Tactics for Legal Services Lawyers
205(7)
Michael Meltsner, Philip Schrag
15 Smart Negotiating: How to Make Good Deals in the Real World
212(9)
James C. Freund
16 Ethical and Unethical Bargaining Tactics: An Empirical Study
221(25)
Roy J. Lewicki, Robert J. Robinson
17 Is Business Bluffing Ethical?
246(11)
Albert Z. Carr
PART FOUR: NEGOTIATING RELATIONSHIPS
18 The Ethics of Respect In Negotiation
257(7)
Jonathan R. Cohen
19 Everyday Negotiation: Navigating the Hidden Agendas in Bargaining
264(6)
Deborah M. Kolb, Judith Williams
20 Bargaining and the Ethics of Process
270(35)
Eleanor Holmes Norton
PART FIVE: NEGOTIATION AND AGENTS
21 Professional Detachment: The Executioner of Paris
305(24)
Arthur Isak Applbaum
22 The Professionalism and Accountability of Lawyers
329(21)
Murray L. Schwartz
23 A Causerie on Lawyer's Ethics in Negotiation
350(21)
Alvin B. Rubin
PART SIX: SOCIAL INFLUENCES AND IMPACTS
24 Lies for the Public Good
371(12)
Sissela Bok
25 Does Studying Economics Inhibit Cooperation?
383(14)
Robert H. Frank, Thomas Gilovich, Dennis T. Regan
26 Half-Truths: Protecting Mistaken Inferences by Investors and Others
397(43)
Donald C. Langevoort
27 Mindfulness In the Law and Alternative Dispute Resolution
440(14)
Scott R. Peppet
28 Protecting the Confidentiality of Settlement Negotiations
454(32)
Wayne D. Brazil
29 Settlements and the Erosion of the Public Realm
486(21)
David Luban
30 Public Access to Private Settlements
507(6)
Carrie Menkel-Meadow
31 Expanding the Ethical Obligations of the Mediator: Mediator Accountability to Parties Not at the Table
513(6)
Lawrence Susskind
Bibliography 519(7)
The Contributors 526(3)
Index 529

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