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One problem in dispute settlement negotiations between public and private sector agents is a lack of congruence in the behavioral norms the parties consider appropriate. This normative dissonance may be seen as a problem of professional ethical discontinuity. The implementation and enforcement of Superfund, in which public sector engineers negotiated with private sector lawyers, illustrates this problem. Suggested remedies include addressing the negotiation process in professional codes of ethics, avoiding professional mismatches, better training for negotiators about the ethical discontinuity problem and, in the public health setting, improving alternatives to negotiated agreements.
Lloyd Burton (Mon,) studied this question.