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NEGOTIATION

Negotiation is the conventional start to resolving most Family disagreements. Sometimes matters can be resolved by negotiation alone or sometimes negotiation precedes litigation. Negotiation allows each party to retain his or her own solicitor who advises them during a process which involves exchanging information on a voluntary basis in an attempt to find a resolution that is acceptable to both parties. There are significant differences between negotiation and collaborative family law. In particular, in a negotiation if matters cannot be satisfactorily resolved then a solicitor who has worked in the negotiation is free to litigate on behalf of their client, unlike in collaborative family law.

Pros and Cons:

In a negotiation process if one or both of the parties feel too hurt, or scared of the other then they need not sit in the same room as their partner during the process. Negotiation is a flexible process and can be highly effective in resolving matters out of court.
But
The process can be drawn out and, as with any process involving information being passed from one person to other, misunderstandings can happen inadvertently. Negotiation will not work unless both parties want to negotiate.

 




 

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