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Ethics in Negotiation: Does Getting to Yes Require Candor?

Burr, Anne M.. Dispute Resolution Journal, Jul. 1, 2001

"This article explores the ethical issues raised by misleading acts or omissions in commercial negotiations. First, it reviews acts or omissions constituting illegal fraud. Second, it examines the constraints imposed on professionals, such as lawyers, by rules of ethics. Third, it considers proposals for a judicially or professionally imposed requirement of candor and good faith in commercial negotiations. Fourth, it examines the difficulties and costs of requiring candor in negotiations. Fifth, it explores the benefits of candor in commercial negotiations. Finally, it concludes that the effective negotiator voluntarily employs candor to create value" (Taken from article, p. 10).

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