Constructive Negotiation

This process enables separating couples to each retain a lawyer and have their lawyers negotiate an agreement for them based on their instructions, through correspondence, and round table meetings.

Often an exchange of information will take place and one or more round table conferences may occur.

In this type of negotiation, lawyers will assist their clients through the process by providing advice, while the clients then conduct their own face to face discussions. This process is successful between clients who are still able to communicate effectively, where conflict levels are low, and a high level of trust exists between the couple.

Any agreement reached in this type of negotiation, should be the subject of legal advice, and will need to be formalised to be binding.

In this process the lawyers work with the clients to identify the issues and gather and exchange the relevant information each client believes supports their claim.

The exchange of information will usually precede the commencement of any substantive negotiations.

Negotiations will be conducted by the lawyers through correspondence, telephone discussions and round table conferences. The lawyers and their clients all meet at the same location, but, subject to the clients’ preferences may be in one room, or different rooms if a client is uncomfortable with face to face negotiation.

This style of negotiation will be a good choice for clients whose preference is to have their lawyers play the major role in the negotiating process.

Please contact Catherine Gale to learn more about this process and to make a time to discuss further.