Feminist Theory, Professional Ethics, and Gender-Related Distinctions in Attorney Negotiating Styles

Historically, law has been a male-dominated profession; only recently has it become possible to consider the woman's experience and perspective with respect to law practice generally and negotiation practice in particular. This paper addresses two gender-related issues: first, are there identifiable gender-related distinctions in the negotiating behavior of attorneys? Second, if there are discoverable differences, are they attributable to ethical perspectives linked to gender? In addressing these questions, this article begins by reviewing the literature on feminist theory, moral development, and negotiation theory.

These themes are tied together in a review of the small but growing literature on negotiation ethics. We then discuss economic signalling theory and consider its implications for gender-related behavior differences. Finally, we report empirical and qualitative research that bears on these questions.