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Ethics in Negotiation: Why They Matter, and Why We Should Use Them

The Scotwork Team
What Is Negotiation

 

At the end of the day, we have a certain outcome that we wish to reach during the negotiation process. However, the route that we choose to get to that outcome can take many twists and turns.

One of the most important choices we must make comes in the form of the negotiation ethics we are willing to uphold. Negotiating with ethics and integrity will always carry benefits for those willing to do so. But that does not mean everyone is willing to do it if it means they can gain the upper hand elsewhere.

Knowing when and how to act ethically will inform many negotiation strategies someone may decide to use. Let's take a closer look at ethics in negotiation and how and why you should use them.

Why must we be ethical?

In law a man is guilty when he violates the rights of others. In ethics he is guilty if he only thinks of doing so. — Immanuel Kant

Acting legally and acting ethically are two entirely different things, and it is important to recognise that distinction. Someone can choose to act perfectly in line with the demands of the law but will conduct themselves in a completely unethical manner. Therefore, though no laws have been broken, the individual may not have presented themselves and their employer in the best light.

Making the choice to be ethical at the bargaining table is easy to do, but maintaining ethical standards can be another matter entirely. So often we can reflect on whether or not we made the "right" choices in life, whether these are in our professional lives or personal. If we wish to cultivate a good reputation for ourselves, unethical behaviour will not help.

What traits are important in ethical behaviour?

If we do decide to negotiate from ethical positions, we need to ensure that we maintain this decision through ethical behaviour. Certain traits are more desirable than others, and demonstrating them can put you in good standing with both your colleagues and the other party. Some of the traits considered important in demonstrating ethical behaviour can include:

Honesty

Try to remain honest and open no matter what is demanded of you. This can be one of the most difficult ethical dilemmas put before you, as often a little dishonesty may grease the wheels in your favour. Withholding information or making false claims can bring negative consequences for you further down the line if you are not careful. Choosing to be a little economical with the truth can also run you into trouble and can damage your reputation, especially if you are dealing with a party you know values honesty.

Always be honest about what your goals and intentions are with the negotiation process. What do you expect as an outcome? What can you foresee as being a roadblock to a mutually beneficial agreement? Don't treat the negotiation as an Us vs Them scenario; instead, think about how you can be honest with each other to reach a common goal.

Respect

You should always treat the other parties involved in the negotiation with respect. This goes for both those sitting on the other side of the table and those by your side.

For the other party, make sure they have adequate time to speak and present their idea. Make sure you listen actively so that you can retain relevant information and also show that you respect their viewpoint and concerns. Often in business, you may find yourself negotiating with someone who may have a very different position to you. Showing respect for them and conducting yourself in a professional manner regardless of their beliefs is a must. Personal attacks and underhand comments are completely out of the question.

Ensure that this respectful behaviour also extends to your colleagues, even if they are your juniors. Give them space to voice their opinions, contribute to the discussion, and work with you to reach a preferable conclusion.

Responsibility

Conducting a negotiation carries a lot of responsibility, and with this comes a commitment to ethical choices. Advocate for yourself and your team, and don't be afraid to stand up for yourself if you feel like your needs are being compromised.

Likewise, if you feel like discussions are in breach of regulations or an existing agreement you have with your employers, halt proceedings or prepare to change tack.

How to conduct ethical negotiations

Trying to display ethical traits is only half the battle. We also need to ensure that we deliberately choose actions that show our intent. To best conduct ethical negotiations, you should look to:

Do your prep work

We say it time and time again, but prep work is the most important part of any negotiation! As part of your preparations, you should look into the ethical considerations that may affect your intended outcome. By establishing your ideal goals and BATNA for the session, you will be in a better position to make ethical, informed decisions.

Create your boundaries

Spend time establishing your boundaries at the start of the negotiation. This can include stating your intentions for a negotiated agreement or expectations for the agenda, but it can also include crucial details such as a discussion about pronouns or unacceptable topics. Doing so lays out expectations for everyone during the talks.

Communicate openly

Body language, a smile, and a willingness to make a few little jokes to lighten the mood; all these nonverbal cues can lead to a more enjoyable and fair negotiation. Creating an environment that everyone can relax in and setting honest expectations for discussions builds you a great reputation as someone who respects the process. Keep communication flowing away from the boardroom too. Phone ahead if you know you will be running late, and send emails afterwards with a summary of the points discussed and a thank you to the other participants. Show that you respect the process.

Aim for win-win solutions

The best ethical outcome for everyone is often a win-win solution. They require concessions and honesty from everyone to reach this point, and require both parties to respect each other's viewpoints and reach a fair conclusion. Don't just work for the benefit of yourself, commit to working to the benefit of others too.

Take responsibility for your actions

Let's make underhand negotiation tactics and cheeky offers a thing of the past. Ethics in negotiation always helps to guide our judgements and ensure that we reach the fair and right conclusion for all. Fighting against unethical behaviour is difficult and requires a lot of energy on the part of negotiators. Not only must we be brave enough to stand up to this behaviour when we see it, but we must also constantly educate ourselves on what is and isn't acceptable.

Scotwork's experts have over 45 years of experience in the world of negotiation, and we have seen a lot of change in this time. Let us be your guides into the world of fair and ethical negotiation. Get in touch with us today to find out more about how we can help you take your skills to the next level, all while creating space and respect for all.

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