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Negotiating to Settlement in Divorce

NCJ Number
100696
Editor(s)
S N Katz
Date Published
1985
Length
101 pages
Annotation
These articles examine issues and strategies in divorce negotiation, including those related to child custody, property settlements, and court-ordered negotiation.
Abstract
The special characteristics of divorce negotiation, the dangers of competitive negotiations, and the criteria for measuring success are outlined. Client preparation and the importance of timing in divorce negotiation also are discussed. Specific strategies are examined for dealing with passive and aggressive clients, bargaining, threats, and deadlocks. Two case studies illustrate the potential of mediation and negotiation in property settlements, and the advantages of negotiating marital settlement agreements are outlined. Special concerns of the attorney in custody negotiations also are examined. Finally, the roles of both the judge and the attorney in negotiated divorce settlement are discussed, with emphasis on the need for mutual cooperation and communication among concerned parties. Author bibliographies and chapter references.

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