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This session is centred on one of the key areas of my research:  the use of deception during negotiation, especially by lawyers, and attempts by the legal ethics codes to prevent deceptive and misleading conduct.  It is of key interest because so many lawyers now work in ADR and specifically engage in negotiations all the time.  The issue of ethics is ripe today both in the legal and ADR fields so that participants will be challenged to rethink their approach to negotiations.

I will present a brief synthesis of the current thinking as well a brief summary of my research and findings.
The primary focus of this session is to engage in thought-provoking discussion of the following questions:

1. Do ADR professionals and lawyers engage in deceptive tactics in negotiation?  If yes, what types of deception?
2. Is it possible to have negotiations without the use of deception?
3. Would non-deceptive negotiations be more truthful and time-efficient and less costly?  How?
4. How would such non-deceptive negotiations look like?
5. How do we teach ADR professionals (including lawyers) to conduct negotiations without the use deceptive tactics?

Podcast: Listen to Avnita talk about this session (5 mins) >>