Date of this Version

5-14-2014

Document Type

Conference Proceeding

Publication Details

Submitted version

Wade, J. (2014). Ethically ambiguous negotiation tactics (EANTs): What are the rules behind the rules? Paper presented at the Law Society of Saskatchewan, CPD Seminar: Ethical Negotiations. 14 May, 2014. Saskatchewan, Canada.

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Access the seminar's program

© Copyright John Wade, 2014

Abstract

This paper will briefly discuss the following:

• A catalogue of the EANTs in use in negotiation and litigation.

• How common are these behaviours amongst lawyers?

• What are the attempted controls (or not) of these EANTs in different cultures?---market isolation, law, and “ethics”?

• Focussing on attempted ethical controls, what are the five (often overlapping) historic schools of “ethics”?

• Which school of “ethics” do various written codes of law societies predominantly reflect? –answer: pragmatism and self interest.

• If the epidemic of EANTs needs to be reduced, should pragmatism and self interest be taught and modelled more expressly to and by lawyers?

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