|
 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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