If you are in the middle of a divorce, you might be uncomfortable taking your case to court. Going to court can be a lengthy, expensive, and stressful process. In some situations, it is the right way to handle the divorce. But in other situations, alternatives to court might be a good idea. Here, you can learn about these alternatives to court. For more information, please contact my office. We can set up a consultation. During the consultation, I can answer your questions.
Negotiation is a conflict resolution process that seeks to find an agreement that is satisfactory to different parties. In some cases, those parties are two spouses seeking a divorce. In other cases, negotiation can be used in business or to resolve disputes in other personal relationships. There are two ways to go about negotiation – the first is considered competitive and the second is considered integrative. In competitive negotiation, there is a barter that satisfies only one party. The party that “wins” is the party in the position of power. The other party will have to accept an agreement that is unsatisfactory or of lesser value to them.
In divorce, both spouses are oftentimes not on equal footing. Competitive negotiation might make one spouse unhappy. If you feel that you have the upper hand in your divorce, you might opt for the competitive approach. If you are looking for a clear victory over your spouse, this is one way that you can achieve it. However, it is important to keep in mind that the competitive negotiation approach can be risky. You can threaten your future relationship with your spouse and this type of negotiation is costly.
On the other hand, there is the integrated negotiation approach. This type of negotiation will seek a positive outcome for both parties. Also, it will make sure that they both feel that they have “won” in negotiation. This form of negotiation is similar to mediation in that it seeks to find a reasonable outcome for both parties. Integrated negotiation will encourage open communication and understanding between you and your spouse.
Negotiation will either focus on resolving conflicts from the past (dispute negotiation) or establishing agreements for the future (transaction negotiation). Divorce can utilize either or both of these types of negotiation. If you are interested in pursuing negotiation during your divorce process, you should contact a divorce lawyer.