What's Fair

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 viiAcknowledgments xiIntroduction: What’s Fair in Negotiation? What Is Ethics in Negotiation? xiiiCarrie Menkel-MeadowSwimming with Saints/Praying with Sharks xlvMichael WheelerPART ONE: OVERVIEW1 Three Ethical Issues in Negotiation 5David A. Lax, James K. Sebenius2 Ethical and Moral Issues 15Howard Raiffa3 Negotiation Analysis 19Howard Raiffa4 A Code of Negotiation Practices for Lawyers 23Roger Fisher5 The Limits of Integrative Bargaining 30Gerald B. Wetlaufer6 Bargaining with the Devil Without Losing Your Soul: Ethics in Negotiation 57G. Richard ShellPART TWO: TRUTH TELLING IN NEGOTIATIONS7 Truthfulness, Deceit, and Trust 79Sissela Bok8 Machiavelli and the Bar: Ethical Limitations on Lying in Negotiation 91James J. White9 Promoting Honesty in Negotiation: An Exercise in Practical Ethics 108Peter C. Cramton, J. Gregory Dees10 On the Ethics of Deception in Negotiation 138Alan Strudler11 Deception and Mutual Trust: A Reply to Strudler 157J. Gregory Dees, Peter C. Cramton12 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 CrosonPART THREE: BARGAINING TACTICS14 Negotiating Tactics for Legal Services Lawyers 205Michael Meltsner, Philip Schrag15 Smart Negotiating: How to Make Good Deals in the Real World 212James C. Freund16 Ethical and Unethical Bargaining Tactics: An Empirical Study 221Roy J. Lewicki, Robert J. Robinson17 Is Business Bluffing Ethical? 246Albert Z. CarrPART FOUR: NEGOTIATING RELATIONSHIPS18 The Ethics of Respect in Negotiation 257Jonathan R. Cohen19 Everyday Negotiation: Navigating the Hidden Agendas in Bargaining 264Deborah M. Kolb, Judith Williams20 Bargaining and the Ethics of Process 270Eleanor Holmes NortonPART FIVE: NEGOTIATION AND AGENTS21 Professional Detachment: The Executioner of Paris 305Arthur Isak Applbaum22 The Professionalism and Accountability of Lawyers 329Murray L. Schwartz23 A Causerie on Lawyer’s Ethics in Negotiation 350Alvin B. RubinPART SIX: SOCIAL INFLUENCES AND IMPACTS24 Lies for the Public Good 371Sissela Bok25 Does Studying Economics Inhibit Cooperation? 383Robert H. Frank, Thomas Gilovich, Dennis T. Regan26 Half-Truths: Protecting Mistaken Inferences by Investors and Others 397Donald C. Langevoort27 Mindfulness in the Law and Alternative Dispute Resolution 440Scott R. Peppet28 Protecting the Confidentiality of Settlement Negotiations 454Wayne D. Brazil29 Settlements and the Erosion of the Public Realm 486David Luban30 Public Access to Private Settlements 507Carrie Menkel-Meadow31 Expanding the Ethical Obligations of the Mediator: Mediator Accountability to Parties Not at the Table 513Lawrence SusskindBibliography 519The Contributors 526Index 529