ABSTRACT
Deception amongst real lawyers and mediators is evidenced by research. For those disputants and lawyers who understand conflict with a war metaphor, deception is not even understood as unethical; in war, deception is accepted practice and both sides should know that. Popular culture mediators make room for us to question whether a mediator must be completely honest and transparent at all times, or whether some deceptive moves are permissible. Mediators certainly were taught that deception is not part of their role, and most mediators have made personal and often organizational commitments to mediate as ethically as possible. Nonetheless, mediators are still required to discern acceptable puffery from illegal fraudulent statements, and to ensure they are blameless as well. The mediator openly acknowledges the efficacy of deception. The Good Wife makes the point that there was a settlement not because of the benefits of mediation as a dispute resolution process, but because the mediator and the lawyers successfully employed deceptive moves.
