DECEPTION DURING DISPUTE RESOLUTION

Mediators often hear allegations that a party in the session is lying.

What is intended by being untruthful? Is it common in negotiations? How do mediators address it?

First, lying deliberately, whether verbal or nonverbal, can cause acceptance about something that isn’t true. A lie, then, can be of commission, as well as omission, or intentionally withholding relevant information. A lie can also be paltering or carefully worded statements that are true, but used to intentionally mislead. Bluffing or overstating and exaggerating facts is also a form of lying.

With such a broad definition, it’s no surprise you’ll find mediators who say most people lie during dispute resolutions. In fact, a Harvard Business Review article once argued that bluffing is “just part of the game of business.” Some argue bluffing is morally permissible because parties enter negotiations expecting the practice as a tactic

Mediators are not factfinders, judges, nor juries, and won’t challenge lies directly. However, if a party tells the mediator one thing in confidence and then contradicts it during a negotiation session, such a development may lead the mediator to simply stop the process.

When I deal with parties who are in disagreement over what they consider the “facts,” my approach is to say although there’s disagreement, our purpose with mediation is not to determine who is right or wrong, but what we’re going to do to find resolution and move forward.

While parties may never fully agree, they can still come to an agreement that enables them to do so.