Successful Negotiation of Marital Settlement Agreements (From Negotiating to Settlement in Divorce, 1985, P 32-45, Sanford N Katz, ed. - See NCJ-100696)

• NCJ Number: 100698
• Author(s): B A Groner
• Date Published: 1985
• Length: 14 pages
• Sale Source: Law and Business, Inc
• Language: English
• Country: United States of America

Annotation

In addition to presenting steps toward a successful attorney negotiation of a divorce settlement, this paper discusses the ascertainment of client goals, reasons for a negotiated settlement, assessment of settlement potential, exchange between counsel, and discovery.

Abstract

Negotiated divorce settlements are more likely than trial settlements to be tailored to both parties' needs and are therefore more likely to produce compliance. The potential for a negotiated settlement is generally greatest after the suit has been filed by the plaintiff, accompanied by a statement to the defendant's attorney of the wish to pursue a negotiated settlement. Attorneys should help their clients frame realistic goals for settlements and cultivate civil exchanges with the other attorney without compromising the client's rights. Formal discovery of clients' financial circumstances can become a barrier to negotiation. Settlements based on informal discovery, however, should state in the agreement that acceptance is based on the reliability of the statements given. Steps toward a successful negotiation include being familiar with case facts as they impact on applicable law, ascertaining the parties' goals, setting ground rules and objectives for negotiation, developing credibility with the clients, listening to the other side, controlling client reactions, and being creative in fashioning a settlement.