Negotiation stands for the “traditional” out-of-court process, whereby each party is represented by a lawyer who negotiates a settlement on their behalf.
Unlike the Collaborative process however, in traditional negotiation, either party may change their mind at any time and begin a Court application. When this happens, the other party has no choice but to respond.
This can lead to lengthy and expensive Court proceedings that would likely not have happened if the parties continued the Collaborative process.
Who is the Negotiation Process Right For?
The Negotiation process is best suited for cases where there are some of the following issues: children, significant family assets, international/removal issues, and large amounts of unreconciled debts or expenses.
This is because these issues often make it difficult for parties to keep their commitment to the Collaborative process.
It can also be used when one party believes that the other party has committed financial misrepresentations, or breached some other obligation, and wishes to bring some form of court action against them.
Only an experienced family lawyer will be able to advise whether your case would be suited for this process.
Every situation is different, so it is vital to obtain legal advice before starting the Negotiation process and throughout it. It is strongly recommended that you receive a full assessment from a Family Lawyer before beginning any negotiation.
For this reason, if you are choosing the traditional negotiation process, you should always ensure that your lawyer will be able to stand for your interest in the Court process, if required.
What is the Outcome of the Negotiation Process?
The Negotiation process may be able to resolve some or all of the issues quickly and efficiently, but this is not always the case. The parties must have a high degree of commitment for this process to work well, so it is crucial that you speak to your lawyer before beginning the process.
For negotiation to succeed, both parties must have a shared goal in resolving the issues in a mutually beneficial way.
A skilled family lawyer will help you understand all available options and aid you in making decisions about whether or not to settle, how to settle and if so, on what terms.
The Negotiation process can be successful when the parties can discuss the issues openly and honestly, work out all of the details regarding parenting arrangements, finances and other matters. The process can be slow, but it is possible to reach an amicable resolution.