What's Fair: Ethics for Negotiators
Author: Carrie Menkel Meadow
What’s Fair is a landmark collection that focuses exclusively on the crucial topic of ethics in negotiation. Edited by Carrie J. Menkel-Meadow and Michael Wheeler, What’s Fair contains contributions from some of the best-known practitioners and scholars in the field including Roger Fisher, Howard Raiffa, and Deborah Kolb. The editors and distinguished contributors offer an examination of why ethics matter individually and socially, and explain the essential duties and values of negotiation beyond formal legal requirements. Throughout the book, these experts tackle difficult questions such as:
· What do we owe our counterparts (if anything) in the way of candor or disclosure?
· To what extent should we use financial or legal pressure to force settlement?
· Should we worry about whether an agreement is fair to all the parties, or the effects our negotiated agreements might have on others?
Table of Contents:
Preface | ||
Acknowledgments | ||
Introduction: What's Fair in Negotiation? What Is Ethics in Negotiation? | ||
Swimming with Saints/Praying with Sharks | ||
1 | Three Ethical Issues in Negotiation | 5 |
2 | Ethical and Moral Issues | 15 |
3 | Negotiation Analysis | 19 |
4 | A Code of Negotiation Practices for Lawyers | 23 |
5 | The Limits of Integrative Bargaining | 30 |
6 | Bargaining with the Devil Without Losing Your Soul: Ethics in Negotiation | 57 |
7 | Truthfulness, Deceit, and Trust | 79 |
8 | Machiavelli and the Bar: Ethical Limitations on Lying in Negotiation | 91 |
9 | Promoting Honesty in Negotiation: An Exercise in Practical Ethics | 108 |
10 | On the Ethics of Deception in Negotiation | 138 |
11 | Deception and Mutual Trust: A Reply to Strudler | 157 |
12 | The Lawyer's Obligation to Be Trustworthy When Dealing with Opposing Parties | 168 |
13 | Curtailing Deception: The Impact of Direct Questions on Lies and Omissions | 175 |
14 | Negotiating Tactics for Legal Services Lawyers | 205 |
15 | Smart Negotiating: How to Make Good Deals in the Real World | 212 |
16 | Ethical and Unethical Bargaining Tactics: An Empirical Study | 221 |
17 | Is Business Bluffing Ethical? | 246 |
18 | The Ethics of Respect in Negotiation | 257 |
19 | Everyday Negotiation: Navigating the Hidden Agendas in Bargaining | 264 |
20 | Bargaining and the Ethics of Process | 270 |
21 | Professional Detachment: The Executioner of Paris | 305 |
22 | The Professionalism and Accountability of Lawyers | 329 |
23 | A Causerie on Lawyer's Ethics in Negotiation | 350 |
24 | Lies for the Public Good | 371 |
25 | Does Studying Economics Inhibit Cooperation? | 383 |
26 | Half-Truths: Protecting Mistaken Inferences by Investors and Others | 397 |
27 | Mindfulness in the Law and Alternative Dispute Resolution | 440 |
28 | Protecting the Confidentiality of Settlement Negotiations | 454 |
29 | Settlements and the Erosion of the Public Realm | 486 |
30 | Public Access to Private Settlements | 507 |
31 | Expanding the Ethical Obligations of the Mediator: Mediator Accountability to Parties Not at the Table | 513 |
Bibliography | 519 | |
The Contributors | 526 | |
Index | 529 |
See also: Introduction to the Theory of Constraints or A Guide to What S Wrong with Economics
I Found It on the Internet: Come of Age Online
Author: Frances Jacobson Jacobson Harris
"Recognizing that high-tech teens are still teens, author and educator Jacobson draws together tools for reflection, along with the latest research and practical solutions. In this authoritative guide, she helps library colleagues understand and address issues relating to youth and technology, answering key questions to help instill appropriate values in teens as they travel the cyber-landscape." "Jacobson shares practical guidance for dealing with the thornier issues of hacking, cheating, privacy, harassment, and access to inappropriate content. She also provides tips on how libraries can incorporate Information and Communication Technologies (ICTs) into new policies for teen-friendly tech spaces." Presenting thoughtful and commonsense solutions for high school, middle school, and public youth librarians, I Found It on the Internet is a proactive guide that addresses challenging technological issues facing teens and the librarians who serve them.
Mary K. Chelton - VOYA
Unlike many other library and information studies professional authors, Harris understands that for teenagers, technology is where information and communication meet with consequences, both good and bad and often unintended, for both the teens and the library. She points out that most youth information-seeking research has studied formal information systems for schoolwork but has little examined teenagers' use of informal systems and the way in which communication technologies bridge the gap between them for teenagers. Libraries prohibit or seriously ration their use without taking this merged bridging function into account, deeming such uses frivolous. Instead Harris coins the acronym "ICTs" for merged information and communication technologies, calling these "social information spaces" or "environments in which people use communication technology to access information, manipulate it, transform it, and exchange it." She then proceeds to discuss the ones that have the most influence on teenage life, taking each in turn and giving examples of how teenagers use them. Examples include blogs and online diaries, e-mail, instant messaging, usenet and message boards, electronic discussion lists, chat rooms, peer-to-peer file sharing, Web-based homework help sites, and interactive "Ask an Expert" services. Among the consequences discussed are the decline of civil discourse, identity formation and self-expression, a feeling of independence, keeping parents at bay, getting there without going anywhere, joining a community and socializing, inadvertent loss of privacy and conflict, collaboration and gaming, cheating, plagiarism, hacking, harassment and bullying, and access to inappropriate content,among others. Harris concludes with a teaching and learning agenda to help youth behave well online and be able to evaluate what they find, and discusses how traditional library service might adapt to the existence of this new environment in adolescents' lives. Harris provides by far the best book on technology and adolescents that this reviewer has read to date. It is well-grounded in research (including my own), good practice, and an innate but highly informed understanding of adolescent development. 2005, ALA Editions, 160p.; Index. Illus. Biblio., $35. Ages adult professional.
Francisca Goldsmith - KLIATT
As a longtime school librarian and researcher, Harris has accrued both experience with and insight into the social, academic, and ethical effects of technology's evolutionary role among youth. Only a few years ago, librarians and teachers were concerned simply with information seeking and gathering methods that have been altered by the Web's proliferation and ubiquity. Added to that now is the boom in communication technology in which YAs, and even some children, have become regular, frequent and habitual participants. Harris casts all her knowledge and many of the exploratory forays she's made into working to understand the causes and effects of online use into a book that is exceptionally readable. She includes analytical discussion, classroom-derived research, examples of exercises, and theories of education, communication, and adolescent development in a whole that makes compelling reading for experienced librarians, new teachers, library school students, and others concerned with societal changes stemming from information and communication technology. Content and behavior are just twobut highly importantareas she broaches. In addition, she provides examinations of collaborative environments, perceived parental ignorance, and the integration of good technology pedagogy into the school curriculum. This is a must for all library collections and highly recommended as curriculum material for teaching and library science programs. KLIATT Codes: P*Exceptional book. 2005, American Library Association, 161p. illus. notes. index., Ages adult.
School Library Journal
Except for its disappointingly dull cover art, this is a bright, perceptive analysis of the fundamental differences in how teens (for whom the Internet is a primary language) and adults (who will always be second-language learners) view information and communication. It is illuminating, challenging, and frightening. The book opens with a description of the current state of library affairs, wherein information retrieval has become primarily a computerized event and the collision between information technology and communication technology has literally forged a new, merged reality that Harris terms ICT (information community technology). The second section, "Consequences," examines the results of this queasy quasi-marriage. The final section addresses how library professionals whose jobs, ironically, are often sacrificed at the altar of the computer monitor must take an unprecedented, powerful, and prominent position as instructional Yodas. They can wisely guide learners through a labyrinth more complicated, more seductive, more dangerous, and more potentially valuable than anything they have experienced to date. Harris will leave librarians spellbound, feeling insecure certainly, but nonetheless unequivocally called to arms as the next generation's best hope for learning to operate with intelligence and wisdom in a potential morass of excess.-Mary R. Hofmann, Rivera Middle School, Merced, CA Copyright 2006 Reed Business Information.
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