What is Family Law Negotiation and How Can You Do it?
Family law negotiation is the process of choosing to resolve family disputes outside of court, with the goal of reaching a mutually-favorable agreement. Examples of disputes that can be resolved via negotiation include divorce settlements and child custody.
Since litigation can be costly and time-consuming, family law negotiation enables parties to work out their issues more quickly and without having to spend lots of money. Family law negotiation also keeps your dispute private, gives you more control over the outcome, and can be less stressful.
Read the rest of this article to explore family law negotiations, how they work, and how a lawyer can help you navigate the process so that you reach a fair, reasonable agreement.
How Does Family Law Negotiation Work?
Family law negotiation involves direct communication between parties or their lawyers. It’s considered to be the first method when attempting to settle a dispute or issue after information has been gathered and exchanged between parties.
To ensure effective negotiation, you need to have strong knowledge of the law and be open-minded to come up with creative solutions to the issue.
When is Family Law Negotiation Considered?
Family law negotiation can be used in various situations. Some of the most common include:
- Asset and property division.
- Child support agreements.
- Divorce settlements.
- Changes to any of the above agreements.
How Should You Prepare for a Family Law Negotiation?
Preparing before your negotiation is important to ensure you don’t miss anything important. Here are some preparation tips to consider.
Gather Important Documents
Collect all documents related to the issue, such as written contracts, letters, and correspondence between you and the other party. You could also write a chronology, which lists all events and their dates so you don’t miss anything.
Consider Your Needs
Before you negotiate, you should think about what you hope to achieve. In family law, this could be an apology, compensation for a financial loss, or the return of goods. In the case of child custody, your needs might be to agree on a fair schedule for visitation.
It’s a good idea to differentiate between what is non-negotiable for you and what is nice to have but not necessary. Thinking about your priorities will assist you with how to guide the negotiations in the direction you want.
Be Open to Listening
One of the most important ways to negotiate is to listen to the other party. Although family matters can be heated and emotionally-charged, this can escalate the dispute, which you want to avoid.
By remaining open-minded and listening to the other person, you could learn new information about the situation that could help you to better negotiate or settle. Ask questions to better understand what they want, what’s important to them, and how they feel.
Discuss More than One Issue
While you want to focus on the most important issue, this one-track discussion can result in dead-ends, especially if one party doesn’t want to change their mind on that issue.
It can be beneficial to tackle more than one issue during negotiations. An example includes agreeing to the parenting schedule your partner is suggesting on condition that the vacation schedule is adjusted. This strategy can help you to ensure you both get what you want.
Avoid Unreasonable Demands
If you make an unreasonable demand at the start of the negotiation, this can result in pushback from the other party. It can also make reaching a settlement much more challenging.
Reframe your request in a way that is logical and rational. For example, during a divorce settlement negotiation, instead of saying, “I want the house,” you could say, “I think since the children have always lived primarily with me, it would be in their best interest to live in the family home.”
Support your requests with facts and logical explanations, as this will help the other party to genuinely consider them.
Seek Professional Guidance
While you can conduct negotiations with your family member yourself, this isn’t always possible. If you and the other party struggle to discuss issues in a civil, constructive way, you should enlist professional help.
This can take the form of hiring a mediator. During the mediation process, a mediator will oversee communication between you and the other party. Instead of telling you how to resolve the dispute and reach a settlement, they will consider your points of view and guide you on finding creative solutions that work for both of you.
While it’s informal, mediation can help you by providing an objective, third party presence to facilitate the discussion.
Do You Need a Lawyer for Family Law Negotiation?
You don’t always require a lawyer for family law negotiation, such as if you and the other party have an amicable relationship, the situation is straightforward, or you have solid communication that will result in collaborative negotiations.
However, if you’re dealing with a more stressful or complex situation, or you and the other party always end up fighting when you try to communicate, hiring a lawyer is a smart move to ensure you have a successful negotiation.
Here are some ways in which a lawyer can help you navigate negotiations for divorce, child support, and other family-related issues.
- They’ll explain your legal rights and responsibilities. This helps you to know what you’re entitled to receive through the negotiation.
- They’ll give you legal advice on your best options and strategies so that you can focus on achieving a fair result.
- They’ll prepare you for the negotiations. They can help you with various tasks, such as collecting relevant documents and fine-tuning your priorities.
- They can negotiate with the other party on your behalf, such as if negotiations hit a standstill.
- They’ll prioritize your interests and prevent you from accepting a settlement that doesn’t meet your needs.
- They’ll ensure negotiations remain professional to prevent emotional escalation.
- They’ll draft a settlement once you agree on all revised rules and terms.
- They’ll confirm that the agreement is legally compliant so that the court will acknowledge it, should the issue go to court.
Where Can You Find a Lawyer for a Family Law Negotiation?
If you need a lawyer for help with negotiating a family law issue, you should consult a lawyer on ContractsCounsel, one of the largest online legal marketplaces that connect clients with experienced lawyers. All lawyers on the platform are vetted and have the skills to assist you with negotiations, whether you need basic legal guidance or thorough help with the negotiation process.