Negotiation by Mike GregoryState Bar of Texas - Collaborative Law Course Dallas, Texas - March 10-11, 2011
CHAPTER 9 I. Introduction:John F. Kennedy said, “Let us never negotiate out of fear. But let us never fear to negotiate.” Negotiation: lawyers do it all the time. Lawyers are negotiators. We negotiate with ourselves, family members, sales people, law partners, clients, opposing lawyers, unrepresented opposing parties, mediators, judges and others. “Kids play their parents off each other. Whether you’re arguing with your spouse, buying a car, or selling a product or a house, you’re negotiating. Yet few have ever learned the strategies and techniques of effective negotiation. Even fewer have mastered them.” Martin Latz, Gain the Edge! Negotiating to Get What You Want (New York: St. Martin’s Press, 2004). Most of the time these negotiations are haphazard, without adequate preparation. |
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Collab Law Process Collaborative Law Guardianship
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Settling Guardianship Disputes with the Collaborative ProcessGuardianship issues are not always straight forward but they are always sensitive situations. Adult siblings may not agree with how to manage the care for their aging parent or divorced parents may not agree on how to care for their incapacitated adult child. The collaborative process allows for open communication between both parties and focuses on crafting an agreement that is mutually agreeable and in the best interest of the ward in question. With the aid of their attorneys and neuatral communication coaches and finanical experts, both parties can come together to reach an agreement. The collaborative process allows parties a chance to rebuild trust and to focus on the best interests of the ward. |