Negotiating Strategies for Settlements in Family Law Cases

The majority of family cases are resolved through a negotiated settlement. This includes the terms of a divorce, child custody, valuation of property, and post-judgment matters that can proceed long after the divorce has been finalized. Consequently, the skilled attorney practicing in this area must possess strong negotiating techniques, which are invaluable for ensuring that a client obtains a favorable outcome. Unlike negotiations in other practice areas, matrimonial cases involve unique difficulties such as high emotions or frequent contact between the parties because of a shared home or parenting time schedule. If the parents wish to negotiate child custody issues, parenting plans, and other family-related issues, the negotiation is often highly charged and the negotiations can be dynamic. To tackle these difficulties, attorneys must have an understanding of their client's interests as well as the various methods they can employ to satisfy those interests. 

This program, presented by Carl J. Soranno, Kelley Rutkowski, and Sean Alden Smith of Brach Eichler, LLC, addresses various methods to prepare the case and the client for negotiation, tools for an effective negotiation, strategies to address and navigate around impasse and conflict, with practical examples from the viewpoint of both the mediator and the attorney representing a client. The course will explore and evaluate basic negotiation skills and techniques that form the backbone of conflict resolution. It will also address working with mediators, retired judges, and arbitrators, as the negotiations may be different depending on the forum and the person overseeing the dispute resolution process. 

Learning Objectives:

I.      Distinguish between family law negotiations compared to other litigation

II.    Prepare yourself and your client for the negotiation

III.   Create the context for a successful negotiation

IV.   Strategize effectively during negotiations

V.    Apply different negotiation strategies to various scenarios

VI.  Handle an impasse or if negotiations fail initially

VII.  Employ advanced and modern negotiation techniques