It can be difficult to end a relationship that has been strained for a long time, whether it is a personal or professional relationship. Without trust, respect, communication, and communication, it is difficult to reach lasting agreements.
There are many things that can go wrong during a negotiation. A settlement will require reasonable parties and reasonable counsel. What are the odds? While we tend to focus on the unreasonableness of parties, lawyers have the same ability to make a dispute worse than it resolves.
- Sometimes, attorneys and parties may feel the need to have conflict. This could be due to a substance abuse or mental health problem. They don’t want to settle, because that would end their conflict or remove their terrorizing power.
These issues are easily resolved, even if there were to be a disaster. Even though settlement is a consensual process there are consequences for not reaching an agreement. Some people find that failure to reach an agreement is too costly to stop them from negotiating. Others may need to be heard or tried.
- My negotiations are for spouses who are divorcing. They need to split property and set child or spousal support. This is usually because they don’t trust each other or are abusive.
Family law disputes can have a profound impact on a person’s life and affect every area of it. They can’t move forward until they have reached an agreement or the court has ruled, which can take many years.
- As the first step in the divorce process, I use financial disclosures. Although the parties must make financial disclosures, many practitioners fail to do so or delay. This is a missed chance to show the other party that transparency will prevail, regardless of what has happened in the past.
A great job in disclosing can help reduce the heat of negotiations. Honesty is refreshing. Negative views of our client will only be reinforced by poor disclosures. Listening to the other side is the best way to build respect. We are more inclined to talk than we listen
- These steps will help you reach an agreement. To ensure everyone is on the same page, it is important to have a mediator. It is best to bring in a mediator early so that everyone can set a schedule for exchanging information and coming up with a deal.
Although it’s a lot of work, it’s the best way to resolve these disputes.
Summarized from an article by Walzer Melcher & Yoda LLP.
