Negotiation involves the back and forth communication between the parties and their lawyers in order to reach an agreement which resolves issues that are in dispute. Resolutions achieved through negotiation can then be incorporated into a legal binding written agreement or court order.
Negotiation,which involves discussion and compromise to come up with a solution, is necessary and important in every process. This is true whether that process takes place in court or outside of court through alternative dispute resolution mechanisms, such as mediation. In some instances, disputes can be resolved entirely through negotiation between the parties and/or lawyers alone. In other instances, the assistance of an outside third party, for example a mediator or judge, may be required in addition to negotiation.
It is important to note that even if you have already started a court case, you can negotiate a settlement of your issues at any time. Negotiation can be the first and last step for a family or it can be used to resolve some or all of the issues at any stage.
You, as the client, are an integral part of the negotiation process, whether you choose to be in the background or directly involved. In some cases it may be appropriate and most effective for you to have direct discussions with your spouse in an attempt to resolve your outstanding issues. We can then assist you to ensure that the resolution reached is appropriate and in accordance with current law. In some circumstances, it may be inappropriate for you and your spouse to have discussions directly with one another. This may be the case where there is a history of domestic violence or some form of physical and/or emotional abuse in the relationship. We would then negotiate on your behalf, after discussing with you what it is you want and hope to achieve. Once an agreement has been successfully negotiated, we would then incorporate the terms into a legally binding written agreement or court order.
Negotiation plays a vital role in assisting you to get your family law issues resolved by agreement, or determined by a third party, in a fair and satisfactory way.