- 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?
Praise for What′s Fair
"The assumption has long been made that even the most ethical of us will cheat during a negotiation. This book, What′s Fair finally pulls together some of the most important papers dealing with this assumption into a single, badly needed volume. This is a book that should be read by everyone who negotiates or who cares about ethics. Which is to say, all of us."
David M. Messick, Morris and Alice Kaplan Professor of Ethics and Decision in Management and co–director, Ford Center for Global Citizenship, Kellogg School of Management, Northwestern University
"What′s Fair is a long–awaited treasure a definitive book of readings on the full universe of questions about ethics in negotiation, introduced and tied together with helpful essays and explanations by the editors. This book is essential reading for everyone in law and business who is concerned about the ethics of negotiation."
Gerald R.Williams, professor of law, Brigham Young University
"Carrie Menkel–Meadow and Michael Wheeler have written an important book on a topic long in need of analysis: the ethical responsibility of negotiators."
Lawrence S. Bacow, president, Tufts University
"Carrie Menkel–Meadow and Michael Wheeler are at the forefront of scholarship and practice in negotiation. What′s Fair is requisite for anyone desiring to be informed on negotiation and intent on doing the right thing,"
James F. Henry, president emeritus, CPR Institute for Dispute Resolution
"Few professional endeavors are as ethically polarized as negotiation. This comprehensive volume offers theoretical and practical insights on how negotiators can do good at the same time as they do well for themselves and their clients."
Paul Brest, president, William and Flora Hewlett Foundation and former dean, Stanford Law School
Introduction: What s Fair in Negotiation? What Is Ethics in Negotiation? xiiiCarrie Menkel–Meadow
Swimming with Saints/Praying with Sharks xlvMichael Wheeler
PART ONE: OVERVIEW
1 Three Ethical Issues in Negotiation 5David A. Lax, James K. Sebenius
2 Ethical and Moral Issues 15Howard Raiffa
3 Negotiation Analysis 19Howard Raiffa
4 A Code of Negotiation Practices for Lawyers 23Roger Fisher
5 The Limits of Integrative Bargaining 30Gerald B. Wetlaufer
6 Bargaining with the Devil Without Losing Your Soul: Ethics in Negotiation 57G. Richard Shell
PART TWO: TRUTH TELLING IN NEGOTIATIONS
7 Truthfulness, Deceit, and Trust 79Sissela Bok
8 Machiavelli and the Bar: Ethical Limitations on Lying in Negotiation 91James J. White
9 Promoting Honesty in Negotiation: An Exercise in Practical Ethics 108Peter C. Cramton, J. Gregory Dees
10 On the Ethics of Deception in Negotiation 138Alan Strudler
11 Deception and Mutual Trust: A Reply to Strudler 157J. Gregory Dees, Peter C. Cramton
12 The Lawyer s Obligation to Be Trustworthy When Dealing with Opposing Parties 168Geoffrey C. Hazard, Jr.
13 Curtailing Deception: The Impact of Direct Questions on Lies and Omissions 175Maurice E. Schweitzer, Rachel Croson
PART THREE: BARGAINING TACTICS
14 Negotiating Tactics for Legal Services Lawyers 205Michael Meltsner, Philip Schrag
15 Smart Negotiating: How to Make Good Deals in the Real World 212James C. Freund
16 Ethical and Unethical Bargaining Tactics: An Empirical Study 221Roy J. Lewicki, Robert J. Robinson
17 Is Business Bluffing Ethical? 246Albert Z. Carr
PART FOUR: NEGOTIATING RELATIONSHIPS
18 The Ethics of Respect in Negotiation 257Jonathan R. Cohen
19 Everyday Negotiation: Navigating the Hidden Agendas in Bargaining 264Deborah M. Kolb, Judith Williams
20 Bargaining and the Ethics of Process 270Eleanor Holmes Norton
PART FIVE: NEGOTIATION AND AGENTS
21 Professional Detachment: The Executioner of Paris 305Arthur Isak Applbaum
22 The Professionalism and Accountability of Lawyers 329Murray L. Schwartz
23 A Causerie on Lawyer s Ethics in Negotiation 350Alvin B. Rubin
PART SIX: SOCIAL INFLUENCES AND IMPACTS
24 Lies for the Public Good 371Sissela Bok
25 Does Studying Economics Inhibit Cooperation? 383Robert H. Frank, Thomas Gilovich, Dennis T. Regan
26 Half–Truths: Protecting Mistaken Inferences by Investors and Others 397Donald C. Langevoort
27 Mindfulness in the Law and Alternative Dispute Resolution 440Scott R. Peppet
28 Protecting the Confidentiality of Settlement Negotiations 454Wayne D. Brazil
29 Settlements and the Erosion of the Public Realm 486David Luban
30 Public Access to Private Settlements 507Carrie Menkel–Meadow
31 Expanding the Ethical Obligations of the Mediator: Mediator Accountability to Parties Not at the Table 513Lawrence Susskind
The Contributors 526