Negotiation is an art. It requires patience. It is critical thinking and strategy at its best. It may take different shapes and sizes, but it still has its core components. Negotiation can be summarized by three criteria: It should produce a fair and practical agreement. It should be efficient, both in time and cost. And it should do no harm to the relationship between the parties.

What often happens when one person decides to separate is that the person has a consultation with an attorney and decides to hire the attorney to draft a Separation and Property Settlement Agreement. Negotiation has just begun. Once the draft Agreement is finalized, the attorney presents it to the other party. The other party then has a consultation with an attorney, if he or she has not already, and the Agreement is reviewed and revised. Both parties have “lawyered up” and often have taken extreme bargaining positions. 

When parties take positions, it is often referred to as positional bargaining. This is the “shock and awe” moment when you are served with a Separation Agreement. Often times, it is the lawyer that is convincing your spouse to make the proposal even though it is extremely unfair. Everything that happens between hiring a lawyer and the signing of the Agreement is called negotiation. Having a lawyer with experience is very important in negotiation.

There is an alternative to positional bargaining, which was created by the Harvard Negotiation Project called principled negotiation or negotiation on the merits. Principled negotiation consists of four basic points: (1) Separate the people from the problem. (2) Focus on interests, not positions. (3) Invent multiple options looking for mutual gains before deciding what to do. (4) Insist that the result be based on some objective standard. For some, this method of negotiation is far more effective and rewarding for both parties involved. It can involve less time and money and often helps parties reach a result with which they are both satisfied.

 Why should you hire The Law Corner?

• Representing clients since 2004, we have the experience that will give you the edge in your negotiations.
• Our lawyers are creative and provide tailored solutions for your circumstances that are in your best interest.
• The Law Corner is one of the most respected and responsive law firms in Wake County with a 24-hour return contact policy.
• You can trust us. Look at our Google Reviews for real client experience at The Law Corner.