Ethical Negotiations:Establishing a relationship of trust with opposing counsel will be a greater benefit to the case than a game of ‘hide the ball’

Ethical Negotiations:Establishing a relationship of trust with opposing counsel will be a greater benefit to the case than a game of ‘hide the ball’

icon_no_backgroundHon. Jamie Jacobs-May (Ret.)
www.therecorder.com | week of SEPTEMBER 10,2012 | Vol. 136,No.37

Some believe that success at the negotiating table is heightened by the skillful use of deception.As J.J. White remarked,“The critical difference between those who are successful negotiators,and those who are not lies in this capacity both to mislead and not to be misled.” Others believe that not only is complete honesty in negotiation an ethical imperative,negotiators have a further ethical duty to make sure the deal is fair to both sides.This article will summarize ethical guidelines,California law, and insights for successful negotiation strategies drawn from economics,psychology and neuroscience.

Ethical Negotiations:Establishing a relationship of trust with opposing counsel will be a greater benefit to the case than a game of ‘hide the ball’

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