By Art Hinshaw, SSRN, April 30, 2018
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This book chapter shows how negotiation ethics can be viewed through three different lenses – morals, rules, and law – and how they produce different “ethical” results. First, the piece works through a series of social norms, showing how people with different personality profiles tend to opt for one norm over another. Next is an analysis of the ethics rules applicable to lawyers affect an attorney’s choices in a negotiation. Finally, the chapter concludes with a brief tour of the applicable and overarching law of bargaining. In the end, the author concludes that the best overall advice, even for lawyer-negotiators, is to listen closely to one’s own personal sense of ethics and follow it.
