Like Collaborative negotiation and mediation, traditional negotiation seeks resolution outside of a courtroom. There is, however, always the possibility of going to court should issues arise, or if settlement cannot be reached.
Traditional negotiation is less client-centred as the bulk of communication is carried out between the lawyers (often in writing or over the phone). Counsel tend to be less focused on your family as a whole and more focused on working to achieve the best possible settlement for their individual client.
Once you and your spouse have each retained your own family lawyer, you will prepare and exchange financial statements and supporting documentation. If there are contentious parenting issues, you and your spouse may choose to retain a parenting mediator to assist with making a determination for the best arrangements for your children. Your lawyers will then prepare written settlement proposals and counter-proposals until an agreement is made.
If the exchange of phone calls and letters does not yield settlement, there is often a four-way meeting between spouses and counsel. If this fails, court proceedings may be commenced or you and your spouse may agree to mediation and/or arbitration.
When Collaboration isn’t a viable option, traditional negotiation can still help you attain settlement and avoid the courtroom. With the assistance of counsel working to ensure you’re awarded all you’re entitled to, traditional negotiation gives you the support you need while also allowing you to avoid the high costs and long timeframes associated with the courts.
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