The CGL Battle: Insuring Agreement Versus Exclusions

Why would the topic of lying in mediation be of any conceivable interest to lawyers? Indeed, why would there be any doubt about whether lying occurs in mediation (or any other negotiation)? Shouldn't the real question be not whether, but to what degree?

This presentation will explore some viewpoints surrounding this Machiavellian topic. To absolutely no one's surprise, the author will suggest that while "lying" is, in any civilized society, deplorable, condemnable and indefensible . . . it happens. We all lie, probably several times a day during our waking hours. (Some psychologist even suggest that we lie in our dreams!). There should therefore be no surprise whatsoever that this fundamental human characteristic often finds its way into the mediation forum. Let us explore the ways.

Full Text

This paper is available as a benefit of membership to Construction Law Section members. If you are already a member, just use one of the links above and enter your username and password when prompted. Here's how to join Construction Law Section and gain access to this material.

You must have the free Adobe Acrobat Reader 4.0 (or greater) installed in your computer in order to view or print this paper. It is available as free download from the Adobe Web site. If you do not have Acrobat Reader installed, click the link to the left to download it. If menu window opens before the paper, choose the "View" option.