Constructive Negotiation

Sometimes a couple has reached a “kitchen table” agreement – they’ve discussed things between themselves and agree on their approach. In addition to Mediation and Collaborative Law, there are other ways to negotiate an agreement outside of court.

How it Works

Constructive negotiation allows for a personalized approach appropriate to the particulars of the couple’s situation. As such, the process depends on the couples goals and agreed-upon approach to seeking a resolution.

What is the Role of an Attorney?

Some couples want to have Attorneys help them, but do not want to commit to the collaborative law process.  In that case, their Attorneys may agree to treat the case as if it were a collaborative case: they will try to reach an agreement without the court’s help, either in a series of meetings with the spouses or by exchanging draft agreements.

In other cases, one spouse may hire an Attorney to prepare an agreement for them to sign. This Attorney, by law, only represents one spouse; the other spouse may have another Attorney review the agreement on his or her behalf.

If the Attorney finds that the couple has not discussed a number of issues necessary for the agreement, they may want to use a Mediator to help them reach agreement on the additional issues, or have their Attorneys help them negotiate the remaining issues.

Benefits

The key benefit here is flexibility. This very informal approach works when the issues at stake are not complicated and everything is fully disclosed and understood.