In Defense of Lying: The Ethics of Deception in Mediation
1 PM GMT
Some level of deception inevitably occurs in mediation. Whether phrased as "gamesmanship" or "puffery," the parties distrust one another, and mediators are trained not to believe much of what they are told by the participants. What is an acceptable amount of deception during the mediation process? At what point is deception destructive and unethical? Do the Model Rules of Professional Conduct apply to mediators? If not, why not? This session will explore lies and deception at mediation from both sides of the issue and explore whether it is a legitimate part of the mediation process.