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Crafting Successful Settlement Agreements
Learn about factors that make successful settlements more likely for clients in divorces, business disputes, and other matters.
Learn about factors that make successful settlements more likely for clients in divorces, business disputes, and other matters.
I was pleasantly surprised with Noah Baumbach’s new film “A Marriage Story”.
Failed mediations cost time and money. So here are five ways to improve the likelihood of success.
While most couples continue to go the traditional route of hiring attorneys to negotiate the division of their property and settle matters concerning the placement of their children, a growing number are choosing mediation as a more cost effective way to split.
Following a public hearing on Jan. 12, 2017, the Wisconsin Supreme Court amended SCR 20:2.4(c) to allow a lawyer serving as the mediator in a case arising under Chapter 767 to draft the formal settlement documents. In the majority of cases (maybe even the vast majority), this rule will save time and money for parties.
Many lawyers think that settlement negotiations is intuitive and does not require any study or learning. They are wrong. There is a great deal to be learned, not just about settling divorce cases, but how to do it in a manner which is more conducive to the future relationship of the parties.
Today, lawyers are expected to know how to resolve issues, not just litigate them. In no area is that more important than in family law, where the effects of being “zealous” can cause repercussions when parents try to co-parent children (which include adult children) after the lawyers go away.
There are many examples of creative settlement techniques. Divorce lawyers should not be afraid to experiment, and to try to be creative. As long as the client is informed of the technique and it does not violate any ethical precept – go for it!
Understanding human psychology is critical for being a good negotiator. Game theory offers tested data which can be applied to real life situations, including divorce.