NCJ Number
100697
Date Published
1985
Length
14 pages
Annotation
This paper presents the principles, preparations, strategies, and ethics for attorney negotiation of divorce settlements.
Abstract
Principles of divorce negotiation are to know the client and his/her objectives, to obtain all facts relevant to the negotiation, to communicate effectively, and to develop a negotiating strategy. Negotiation preparations include selecting the place, determining whether the client should be present at negotiations, setting the time, and creating the appropriate ambiance. Negotiation strategies include the pointed use of aggressive and passive negotiation behaviors, the development of a game plan for presenting various carefully crafted offers, the use of planned responses to the other party's offers, the appropriate use of threats and emotional responses, and insightful responses to the other party's reactions. Strategies must also be prepared to deal with deadlocks. Negotiation ethics require the avoidance of lying and manipulation, compliance with the limits of an attorney's authority, and the admission of errors and ommissions.