What's Fair (eBook)

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.

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

David A. Lax, James K. Sebenius

2 Ethical and Moral Issues 15

Howard Raiffa

3 Negotiation Analysis 19

Howard Raiffa

4 A Code of Negotiation Practices for Lawyers 23

Roger Fisher

5 The Limits of Integrative Bargaining 30

Gerald B. Wetlaufer

6 Bargaining with the Devil Without Losing Your Soul: Ethics in
Negotiation 57

G. Richard Shell

PART TWO: TRUTH TELLING IN NEGOTIATIONS

7 Truthfulness, Deceit, and Trust 79

Sissela Bok

8 Machiavelli and the Bar: Ethical Limitations on Lying in
Negotiation 91

James J. White

9 Promoting Honesty in Negotiation: An Exercise in Practical
Ethics 108

Peter C. Cramton, J. Gregory Dees

10 On the Ethics of Deception in Negotiation 138

Alan Strudler

11 Deception and Mutual Trust: A Reply to Strudler 157

J. Gregory Dees, Peter C. Cramton

12 The Lawyer's Obligation to Be Trustworthy When Dealing
with Opposing Parties 168

Geoffrey C. Hazard, Jr.

13 Curtailing Deception: The Impact of Direct Questions on Lies
and Omissions 175

Maurice E. Schweitzer, Rachel Croson

PART THREE: BARGAINING TACTICS

14 Negotiating Tactics for Legal Services Lawyers 205

Michael Meltsner, Philip Schrag

15 Smart Negotiating: How to Make Good Deals in the Real World
212

James C. Freund

16 Ethical and Unethical Bargaining Tactics: An Empirical Study
221

Roy J. Lewicki, Robert J. Robinson

17 Is Business Bluffing Ethical? 246

Albert Z. Carr

PART FOUR: NEGOTIATING RELATIONSHIPS

18 The Ethics of Respect in Negotiation 257

Jonathan R. Cohen

19 Everyday Negotiation: Navigating the Hidden Agendas in
Bargaining 264

Deborah M. Kolb, Judith Williams

20 Bargaining and the Ethics of Process 270

Eleanor Holmes Norton

PART FIVE: NEGOTIATION AND AGENTS

21 Professional Detachment: The Executioner of Paris 305

Arthur Isak Applbaum

22 The Professionalism and Accountability of Lawyers 329

Murray L. Schwartz

23 A Causerie on Lawyer's Ethics in Negotiation 350

Alvin B. Rubin

PART SIX: SOCIAL INFLUENCES AND IMPACTS

24 Lies for the Public Good 371

Sissela Bok

25 Does Studying Economics Inhibit Cooperation? 383

Robert H. Frank, Thomas Gilovich, Dennis T. Regan

26 Half-Truths: Protecting Mistaken Inferences by Investors and
Others 397

Donald C. Langevoort

27 Mindfulness in the Law and Alternative Dispute Resolution
440

Scott R. Peppet

28 Protecting the Confidentiality of Settlement Negotiations
454

Wayne D. Brazil

29 Settlements and the Erosion of the Public Realm 486

David Luban

30 Public Access to Private Settlements 507

Carrie Menkel-Meadow

31 Expanding the Ethical Obligations of the Mediator: Mediator
Accountability to Parties Not at the Table 513

Lawrence Susskind

Bibliography 519

The Contributors 526

Index 529

"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
treasure¾a 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 a nalysis: 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 professionals 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