Why Do People Lie During Negotiations?
Phyllis Pollack
Commercial | Civil Mediator at PGP Mediation - specializing in Employment, Personal Injury, Real Estate, Lemon Law, and Trademark disputes and Lecturer in Law at University of Southern California's Gould School of Law
The other night in mediation ethics class, we discussed using deception in negotiation and more specifically why certain folks will outright misrepresent an important fact as opposed to merely puffing or embellishing a little bit.
In order to use such deception, we have to tell ourselves it is okay by using some excuse, justification, or rationalization. We have to give ourselves permission to do it and thus calm the cognitive dissonance occurring inside our brains.
Thus, we tell ourselves little “white” lies like we are doing it for the greater good of society ( that is, stealing from the rich to give to the poor), or it was unavoidable due to the circumstances or situation, or it was harmless? (a little white lie?), or given the situation – the tactic was fair and appropriate, or the other side started it and so we are going to finish it (what goes around comes around?) or they had it coming- they deserved it or it will help avoid negative consequences (the ends justifies the means!) or good consequences will result.
While I thought this list was fairly extensive, ?the Harvard Program on Negotiation (PONS) blog added a few more. In a blog dated October 3, 2023, written by staff entitled? “Ethics in Negotiations: How to Deal with Deception at the Bargaining Table.“? The author lists four more rationalizations: the lure of temptation, uncertainty, feeling powerless, and anonymous victims.
The first- the lure of temptation-reminds me of the ends justifies the means philosophy. That is, the higher the potential reward, the greater the incentive to misrepresent. The author cites a study in which the participants were bargaining and could be rewarded $1.00 or $100. As you might surmise, those who were promised only $1.00. misrepresented 41% of the time while those who stood to earn $100, were misrepresented 69% of the time.(Id.? at 1-2.)
Then there is the issue of uncertainty. “Uncertainty increases the likelihood that we will be unethical…. Uncertainty about the material facts in a negotiation can inspire unethical behavior.” (Id. at 2.) ?One study showed that the participants tended to be more aggressive in their estimates when they were uncertain about a fact than when they knew the fact with certainty. ??(Id. at 2.)
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A third reason for deception is the feeling of being powerless. Although it was Lord Acton who stated “” Power tends to corrupt and absolute power corrupts absolutely””,? (Id.) studies have shown that those who feel that they indeed have no power, tend to be more deceptive. Thus, one who has very few options (backed into a corner?) may well be more likely to misrepresent things than one who has lots of other options. (Id). ( If you think about this for a moment, you may see it makes sense.)
The final rationalization is that the victim is anonymous. (Think about the warning against pirating movies that we see on movies we are about to ?stream telling us it is not a? victimless crime!) The blog notes a study in which the participants either lied to a single individual or a group of individuals.? The researchers found that the participants lied to a single individual only 36% of the time while if to a group- it was 73% of the time. Without a face staring back at you, looking you in the eyes, it is a lot easier to lie. A group is a? lot less personal than a single individual! (Id.)
No doubt, there are many more rationalizations we can tell ourselves to excuse our little ‘white” lies, but I think this list is enough for now!
…. Just something to think about.
Partner at Freeman, Mathis & Gary, LLP focusing on professional liability, employment and personal injury matters. Mediator/arbitrator/discovery referee/legal ethics expert at Mu?oz Dispute Resolution, Inc.
1 年Sadly, the line between puffery, zealous advocacy and deception has been blurred. I am a huge supporter of mediation confidentiality but recognize that parties and lawyers blur the line between fact and reality, whether it is intentional or unintentional. But, we as mediators can generally see through the BS, and lies to discern the difference and even use this as a means to point out the weaknesses in the deceiving party’s case.
Mediator
1 年It’s called Goodheart law. The basic principle in economics and science that targets distort outcomes because people game them to achieve the target. Positions in negotiations are targets. Goodhearts law kicks in and the parties through their lawyers engage in consensual deception and benign manipulation. It’s the standard negotiation, game, that’s part of the dehumaniseed legal professions toolkit. All conflict, disputes and wars, arise from the loss of the human connection. Mediators that can get the parties to reconnected to human level is the antidote to this malaise.