Negotiation

About Negotiation in North Carolina

Negotiation is an art. It requires patience, critical thinking, and strategy. It is an important step in achieving a fair and practical solution during a divorce with minimal harm to the parties.


Q: What is negotiation?

A: Negotiation can be summarized by three criteria:

  1. It should produce a fair and practical agreement.
  2. It should be efficient, both in time and cost.
  3. t should do no harm to the relationship between the parties.


Q: How does the negotiation process work?

A: 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.


Q: What is positional bargaining?

A: 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 exatremely unfair. Everything that happens between hiring a lawyer and the signing of the greement is called negotiation. Having a lawyer with experience is very important in negotiation.


Q: What is principled negotiation?

A: Principled negotiation, or negotiation on the merits, is an alternative to positional bargaining, which was created by the Harvard Negotiation Project.

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.


Q: Why should I hire The Law Corner?

A: We can help you navigate difficult negotiations:

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

We Are Here to Help!

If you or a loved one would like to sit down and discuss your personal situation, please contact us using the form below, or call our law office at (919) 424-8319.


Contact Us


Interested in Learning More?

People at a table review documents, one person points, another signs. Scales of justice statue nearby.
By The Law Corner November 20, 2025
Learn about the very limited role a judge has in reviewing a binding arbitration award under the Family Law Arbitration Act.
Person carrying a child piggyback in a field, pointing at the sunset.
By The Law Corner November 19, 2025
Learn the role of a parenting coordinator in high-conflict custody cases and what a judge must consider when deciding whether to appoint one.
A woman sitting on a couch using a tablet computer and sitting with two children
By The Law Corner March 30, 2020
Need Help with What to Expect with a Divorce? We serve clients in Wake, Durham, and Johnston County North Carolina who are facing a range of legal matters, including Divorce. Domestic Violence. Estate Planning. Legal Separation. Child Custody. Child Support. Visitation Rights. Wills. Alimony/Spousal Support. Contact Us Today!

Browse our blog for more information regarding your future legal service. Also, be sure to sign up for our newsletter to receive valuable information pertaining to all of our professional legal services.

Your Future Matters.