Settlement Negotiation Techniques in Family Law

ebook A Guide to Improved Tactics and Resolution

By Gregg Herman

cover image of Settlement Negotiation Techniques in Family Law

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Negotiation is a critical part of any family lawyer's job, and thus the importance of becoming a better negotiator cannot be overstated. The updated edition of Settlement Negotiation Techniques in Family Law by Gregg Herman brings together many of the concepts of divorce settlement negotiations to help lawyers improve their skills at divorce negotiation.

Well-written and logically organized, this revised and expanded volume offers reasoned and tested approaches that help lawyers better understand the many aspects of negotiation, and through this process assist their clients in getting to "yes." For lawyers who have used various negotiation techniques in the past and see room for improvement, this is an invaluable, clearly written resource based on the realities of daily legal practice.

Beginning with traditional theories and basic concepts of negotiation, Gregg Herman examines the nuts-and-bolts issues involved in divorce negotiation and settlement. From issues of timing to how to prepare the client for settlement and negotiating with opposing counsel, he offers informed and thoughtful advice based on his years of practice. Subsequent chapters address more specialized aspects of divorce negotiation, including:

  • The four-way meeting, a common aspect of family law negotiations
  • Planned early negotiation (PEN) and how this technique can get to a likely result with greater speed
  • Settlement issues specific to family law negotiations, including in domestic violence cases
  • Mediation, collaborative divorce, and cooperative divorce
  • Negotiating with opposing counsel and with the pro se party
  • Employing creative settlement techniques when normal routes have failed
  • Expanded discussion of the applicability of game theory in divorce settlements
  • Ethical considerations
  • Preparing for the endgame
  • Ten essential rules for negotiating
  • How to become a better negotiator, and more
  • Settlement Negotiation Techniques in Family Law