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At this point, I have no doubt that some of the tactics discussed in this unit, or the general approach, might have some of you out there scratching your heads and saying, “Wait – am I allowed to do that? Is that legal? Is that right?”

Good questions. There are few specific laws, in any country, regarding the do’s and don’ts of bargaining. Most legal systems carefully draw only a very general framework around negotiation, by limiting extreme types of behavior – such as by outlawing out-and-out fraud, or by invalidating contracts signed under coercion – and leaving the rest within the frame of legally permitted activity. A few others impose an additional general requirement that negotiators do act “in good faith” (to which I will add, as a trained attorney, “whatever that means”).

However, what if I have not crossed the clearly charted lines? Some of you may still feel that some of the practices people suggest, admire or recommend when bargaining rub you the wrong way. In other words, setting the law aside - negotiating, and in particular, the types of contentious tactics that seem inherent to bargaining, might pose ethical challenges. What does that mean, in terms of your negotiating in the real world? That depends on your worldview - and your view of ethics in negotiation. I suggest you explore this very important issue by engaging with this week’s Digging Deeper topic, Ethics in Negotiation.

Here’s a little taste: