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Negotiation is a critical part of any family lawyer s job, meaning that the importance of becoming a better negotiator cannot be overstated. Settlement Negotiation Techniques in Family Law discusses the most important concepts of divorce settlement negotiation techniques to help lawyers and other divorce professionals improve their skills. Well written and logically organized, it offers reasoned and tested approaches that help practitioners understand the many aspects of negotiation, and through this process assist their clients in getting to yes and the opportunity for a better future. This invaluable, clearly written resource is based on the realities of daily legal practice. Beginning with traditional theories and basic concepts of negotiation, the book examines the nuts-and-bolts issues involved in divorce negotiation and settlement. From issues of timing to how to prepare the client for settlement and negotiating with opposing counsel, Gregg Herman offers informed and thoughtful advice based on his years of practice. He also addresses more specialized aspects of divorce negotiation, including: the four-way meeting; planned early negotiation; mediation, collaborative divorce, and cooperative divorce; ethical issues; preparing for the endgame; ten essential rules for negotiating; and much more."
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Describes a method of negotiation that isolates problems, focuses on interests, creates new options, and uses objective criteria to help two parties reach an agreement.
This work is written primarily for law students who are learning negotiating skills in clinical courses, but it will serve equally well for lawyers and others who are interested in the topic of negotiation. The book has three main areas of emphasis. First, negotiating behavior of practicing lawyers fall into two main patterns-?cooperative? and ?aggressive?-and implications of those patterns is discussed. The author then covers the four stages of the negotiation process, and lastly lays out the legal rules and economic principles that apply to the negotiated settlement of disputes. The Appendices include transcripts to two lawyer-to-lawyer negotiations.
You may need to journey down the warpath to stand up for what you must. Or if you and your X2B don't hate each other just because you are getting a divorce, you may work together to custom design your new, separate lives, or your new two-home family. This book tells you in detail exactly what you need know to make informed decisions, describes how you can write up your decisions in a legally binding document, or what will happen if you go to court. The back of the book contains a chart for the easy comparison of the litigation, negotiation, collaboration and mediation processes, along with many helpful financial worksheets. You will also find an explanation of the Informative Mediation Process, and an extremely useful General List of Topics to be Resolved. Whether sitting down to work it out, or standing up to fight it out, for information to help shape and control your new future, and to control the costs, don't wait one minute more to order The Four Ways of Divorce.
Building on the success of their groundbreaking 1988 Divorce Mediation, Folberg et al. now present the latest state-of-the-art, comprehensive resource on family and divorce mediation. Paving the way for the field to establish its own distinct discipline and academic tradition, this authoritative volume offers chapters contributed by leading mediation researchers, trainers, and practitioners. Detailed are the theory behind mediation practice, the contemporary social and political context, and practical issues involved in mediating divorce and custody disputes with contemporary families. Authors also address intriguing questions about professional standards and where the field should go from here. A groundbreaking resource, this volume is indispensable for all mental health and legal professionals working with families in transition.
This practical, easy-to-use guide is designed to help you figure out quickly what went wrong in yesterday's meetings, and how to fix it in tomorrow's follow-up. Each chapter starts with a brief introduction, followed by a standard section, Why This Concept Might Change Your Thinking. There, the author explains succinctly why their body of work might be useful specifically for lawyers. After that, each chapter has a section called Action Plan--What You Can Do Differently Tomorrow in which each author outlines specific steps you can take in your next negotiation. No other book comes close to this level of help for a lawyer facing a typical or even downright strange negotiating problem. This guide contains everything you need to know about negotiating in one compact volume.