Conference Sessions on Demand

Conference Sessions on Demand (CSoD) are recorded conference sessions from NCMA’s national conferences. Select CSoDs are available in audio sync-to-slide format. Materials include presentations as pdf files.

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The Ethics in Negotiations

Tom Reid, CPCM, Fellow, Navigant Consulting, Inc.


Negotiation is a critical skill for all contract managers, yet often not one that is learned or practiced by them. One area that receives scant attention, even when negotiation training is provided, is the subject of ethics during the negotiation process. For example, when does "puffing" become misrepresentation? Is it ever appropriate to give intentionally false information to the other party? Is it appropriate to remain silent when you are aware that the other side has made an error of fact, or even a math error? Several state bar associations have issued rulings recently about an attorney's obligations during negotiations. How much latitude does an attorney have in the area of puffing? Are there different rules for non-attorneys? And it is true that "you don't get what you deserve, you get what you negotiate"? Does that reflect on the ethics of the situation? Level of Difficulty: Intermediate

Topic: Contract Negotiation

Session Date: Monday, July 30, 2012

CPEs/CLPs Earned: 1.00

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