Collaborative Divorce And Interest-Based Negotiation

Last updated on March 8, 2022

A skilled lawyer will help you identify your interest while maintaining open communication and exchange of information between you and your spouse. Zachary D. Smith, LLC, is led by Zachary D. Smith, a board-certified family law relations specialist and a member of the International Association of Collaborative Professionals.

Position-Based Negotiations Vs. Interest-Based Negotiations

It is important to note the differences between traditional, position-based negotiations and the type of interest-based negotiations that are a hallmark of collaborative law. A position is something that you are typically locked into, with no room for debate until the legal wrangling has likely left you exhausted. Examples of positions include the demand for sole custody of your children or demanding the house. These are often win-or-lose propositions that can lead to lengthy legal battles.

Interests, on the other hand, are often win-win propositions. Interest-based negotiations can help both parties focus on big-picture goals. For example, having a shared desire to keep your children out of your conflict or expressing a desire for both households to have financial stability. It is likely that both you and your spouse will share many of the same interests. Negotiation may be necessary to reach other details but a focus on your shared goals can carry you through a successful process.

Contact Us For Help With The Collaborative Law Process

Interest-based bargaining is not a skill that most people are born with. We can help teach you these skills and help you apply them to your divorce negotiations. To schedule an initial consultation at any of our three office locations, call us at 513-275-5367 or send us an email.