The traditional legal process of divorce is often called “litigation”, but almost all divorces are resolved through negotiation. In fact, 98% of all cases settle – it is usually a question of how and when and after what level of conflict and cost settlement is reached. Experienced and ethical attorneys know that by being proactive and problem-solving most issues can be resolved without litigation, but this requires skill and creativity.
Productive Negotiation brings a couple and their attorneys together to provide legal advice, discuss the positions of their clients, and then look at a broad spectrum of options to settle issues without the stress and cost of adversarial court hearings. By being proactive and productive, negotiation occurs in conference rooms rather than court rooms and without the time constraints and expense of the court system.
The family law attorneys at Hansen and Hildebrand have the experience to know the reasonable parameters of settlement and help clients find satisfying and sustainable settlements to meet their goals and avoid future returns to court.
Learn more about Productive Negotiation below or contact us for further information.
How We Help Make Negotiations Productive
In the context of the traditional adversarial legal system, the parties and lawyers retain the option of turning to a judge as a third-party decision maker if resolution is not reached on all issues. The parties generally communicate through their lawyers regarding their positions, proposals, and counter-proposals. Without a proactive productive approach that includes positive communication between the clients and lawyers, many negotiations become positional and become focused on debates about statutory rules, case law precedent, and legal formulas against the backdrop of threats of court intervention. In our experience this approach is rarely satisfying to either party as each loses control and potentially leaves decisions up to a judge who - however well meaning - does not know the couple or their children and does not have to live with the outcome.
At Hansen and Hildebrand, our family law attorneys have experience and expertise in problem-solving approaches to resolving disagreements and use their negotiation skills from the outset to help clients reach agreements and avoid protracted litigation. We listen to the client’s goals, look at their resources, and develop strategies and options for sustainable settlement. We also engage mental health professionals and financial neutrals as needed to assist in developing quality parenting plans and positive financial outcomes.
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