Academic

Reilly on Lying in Negotiation

By Lawrence Solum

Peter R. Reilly (William S. Boyd School of Law, UNLV) has posted Was Machiavelli Right? Lying in Negotiation and the Art of Defensive Self-Help (Ohio State Journal on Dispute Resolution, Vol. 24, No. 3, 200) on SSRN.  Here is the abstract:

The majority of law review articles addressing lying and deception in negotiation have argued, in one form or another, that liars and deceivers could be successfully reined in and controlled if only the applicable ethics rules were strengthened, and if corresponding enforcement powers were sufficiently beefed up and effectively executed. This article takes a different approach, arguing that the applicable ethics rules will likely never be strengthened, and, furthermore, that even if they were, they would be difficult to enforce in any meaningful way, at least in the context of negotiation. The article concludes that lawyers, businesspeople, and everyone else who engages in negotiation should learn how to carefully and purposefully implement mindsets, strategies, and tactics to defend themselves against others who lie and deceive. The article sets forth those defensive devices and offers prescriptive advice for minimizing one's risk of being exploited in a negotiation should other parties lie.

Full post as published by Legal Theory Blog on October 20, 2008 (boomark / email).