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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Divorce the Collaborative WayIn a collaborative divorce case, the divorcing couple does not have to strictly adhere to statutory guidelines for the division of property, child support, and visitation. As a result, the parties are free to craft agreements which fit the unique dynamics and resources of their restructured family. A collaborative divorce allows parents to recognize what is in the best interest of their children and to create and implement the best possible co-parenting relationship. In a collaborative divorce, you control the process and the result rather than leaving the outcome to a judge. |