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.
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.