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8-1 CHAPTER EIGHT Ethics In Negotiation McGraw-Hill/Irwin ©2007 The McGraw-Hill Companies, Inc., All Rights Reserved 8-2 What Do We Mean by Ethics and Why Do They Matter in Negotiation? Ethics: • Are broadly applied social standards for what is right or wrong in a particular situation, or a process for setting those standards • Grow out of particular philosophies which – Define the nature of the world in which we live – Prescribe rules for living together McGraw-Hill/Irwin ©2007 The McGraw-Hill Companies, Inc., All Rights Reserved 8-3 Resolving Moral Problems McGraw-Hill/Irwin ©2007 The McGraw-Hill Companies, Inc., All Rights Reserved 8-4 Four Approaches to Ethical Reasoning • End-result ethics – The rightness of an action is determined by evaluating its consequences • Duty ethics – The rightness of an action is determined by one’s obligation to adhere to consistent principles, laws and social standards that define what is right and wrong McGraw-Hill/Irwin ©2007 The McGraw-Hill Companies, Inc., All Rights Reserved 8-5 Four Approaches to Ethical Reasoning • Social contract ethics – The rightness of an action is based on the customs and norms of a particular society or community • Personalistic ethics – The rightness of the action is based on one’s own conscience and moral standards McGraw-Hill/Irwin ©2007 The McGraw-Hill Companies, Inc., All Rights Reserved 8-6 Questions of Ethical Conduct that Arise in Negotiation • Using ethically ambiguous tactics: It’s (mostly) all about the truth • Identifying ethically ambiguous tactics and attitudes toward their use – What ethically ambiguous tactics are there? – Does tolerance for ethically ambiguous tactics lead to their actual use? – Is it okay to use ethically ambiguous tactics? McGraw-Hill/Irwin ©2007 The McGraw-Hill Companies, Inc., All Rights Reserved 8-7 Questions of Ethical Conduct that Arise in Negotiation • Deception by omission versus commission – Omission – failing to disclose information that would benefit the other – Commission – actually lying about the common-value issue • The decision to use ethically ambiguous tactics: A model McGraw-Hill/Irwin ©2007 The McGraw-Hill Companies, Inc., All Rights Reserved 8-8 Categories of Marginally Ethical Negotiating Tactics McGraw-Hill/Irwin ©2007 The McGraw-Hill Companies, Inc., All Rights Reserved 8-9 Why Use Deceptive Tactics? Motives and Consequences • The power motive – The purpose of using ethically ambiguous negotiating tactics is to increase the negotiator’s power in the bargaining environment • Other motives to behave unethically – Negotiators are more likely to see ethically ambiguous tactics as appropriate if they anticipate that the other’s expected motivation would be more competitive McGraw-Hill/Irwin ©2007 The McGraw-Hill Companies, Inc., All Rights Reserved 8-10 Model of Ethical Decision Making McGraw-Hill/Irwin ©2007 The McGraw-Hill Companies, Inc., All Rights Reserved 8-11 The Consequences of Unethical Conduct A negotiator who employs an unethical tactic will experience positive or negative consequences. The consequences are based on: • Effectiveness – whether the tactic is effective • Reactions of others – how the other person, constituencies, and audiences evaluate the tactic • Reactions of self – how the negotiator evaluates the tactic, feels about using the tactic McGraw-Hill/Irwin ©2007 The McGraw-Hill Companies, Inc., All Rights Reserved 8-12 Explanations and Justifications The primary purpose of explanations and justifications is: – To rationalize, explain, or excuse the behavior – To verbalize some good, legitimate reason why this tactic was necessary McGraw-Hill/Irwin ©2007 The McGraw-Hill Companies, Inc., All Rights Reserved 8-13 Rationalizations for Unethical Conduct • • • • The tactic was unavoidable The tactic was harmless The tactic will help to avoid negative consequences The tactic will produce good consequences, or the tactic is altruistically motivated • “They had it coming,” or “They deserve it,” or “I’m just getting my due” McGraw-Hill/Irwin ©2007 The McGraw-Hill Companies, Inc., All Rights Reserved 8-14 Rationalizations for Unethical Conduct • “They were going to do it anyway, so I will do it first” • “He started it” • The tactic is fair or appropriate to the situation McGraw-Hill/Irwin ©2007 The McGraw-Hill Companies, Inc., All Rights Reserved 8-15 How Can Negotiators Deal With the Other Party’s Use of Deception? • • • • Ask probing questions Force the other party to lie or back off “Call” the tactic Discuss what you see and offer to help the other party change to more honest behaviors • Respond in kind • Ignore the tactic McGraw-Hill/Irwin ©2007 The McGraw-Hill Companies, Inc., All Rights Reserved