Ethics in mediation

There's a dangerous misconception lurking in our profession—that negotiation operates as an ethical free zone. While we've meticulously developed ethical frameworks for courtroom conduct, the obligations practitioners owe to opponents in negotiation and mediation remain frustratingly under-explored. 

Too many assume that once we step outside the courtroom's formal boundaries, we enter a realm where every person fends for themselves and strategic advantage trumps professional integrity. This couldn't be further from the truth. Negotiation isn't a game where honesty takes a backseat to strategy, nor is it a lawless frontier where ethical constraints simply evaporate. The reality is far more nuanced—and far more demanding of our professional responsibility.

Mastering ethical negotiation requires the same dedication we bring to legal research or courtroom advocacy. It's a skill that, when developed thoughtfully, enhances rather than constrains our effectiveness as advocates and counsellors.

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