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International Commercial Mediation

Page 113 7 FINDING THE TRUTH It should come as no surprise that deception will arise in a mediation context in one form or another. The more politically correct phrase is “negotiating strategy”, and some may give deceit in this context an even more politically correct name, such as “aggressive bargaining” or “zealous advocating”. No one is going to appear in mediation and tell the mediator that they are lying. Although few will admit to it, there is no doubt that deception plays an active role in mediation between both sides and their communications with the mediator. 1 This is because every negotiator wants to leave the negotiating table believing that they have obtained the best possible result.

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