Legal negotiation and family law work hand in hand – in order to see a family survive its conflicts, often negotiation is the most appropriate way to finding resolution.
Contact UsFamily Law Negotiation
While you may have heard of legal negotiation and in particular negotiation in family law, we are here to help you understand the nuances and intricacies of this particular area of law and how our team at BBS Law can help.
What Is Family Legal Negotiation?
Legal negotiation within the realm of family law allows families that are in the midst of a dispute to come to a resolution without the need of litigation. Trained mediators are the key driver during negotiation; they guide discussions and work with clients for preferred solutions for all.
During collaborative family law of this kind, negotiations must be willingly undertaken, meaning that all parties involved must want to resolve the dispute via mediation. This typically makes for a more attractive approach to resolution, as litigation can be avoided, costs can be lowered and ultimately, everybody can leave feeling satisfied with the result.
How Does Legal Negotiation Work?
Initially, the party proposing negotiation will contact the other party involved in the dispute to explain the proposal of negotiation, remember it has to be willingly accepted by the other party.
Assuming in this case it is accepted, the next step of negotiation in family law requires those involved to put forward their case. This means that each party will gather evidence and documents they deem relevant to the case and put them forward to the family law solicitors on the case who can analyse and identify the issues within the dispute from every angle.
After this, the negotiation process can begin which will allow all parties to put forward their desired outcomes, key issues on their behalf and discuss with a mediator if the case is put forward to a mediator.
The negotiation process is then underway, this involves the parties and the solicitors. The parties are able to communicate directly or through representatives to see the case through, making it a more informal and somewhat flexible way of dispute resolution.
During the legal family negotiation case, there may be counteroffers involved, these will typically be understood and facilitated by the solicitor on the case and allows for a more controlled approach to meeting in the middle on a well suited solution for the family.
There are countless aspects of legal negotiation that only a trained family law solicitor can manage, things such as tax implications, child law and safeguarding in terms of custody cases and many more difficult to navigate issues that may arise during the case.
The bottom line is, legal negotiation aims to reach a unanimous decision for all, it is a more efficient way of resolving disputes, particularly those of a family matter that may prefer a more discreet way of getting back to normality.
3 Tips for Effective Negotiation Proceedings
It can be difficult to know where to start when it comes to legal negotiation, but the good news is collaborative law specialists’ like our family law team at BBS Law have all the tools necessary to work towards the best resolution possible.
Some of our top tips for effective legal negotiation proceedings include:
#1 Prepare Your Negotiation Solicitors
Our family law team and any legal negotiator is always trying to put their best foot forward, yet they can only do this with the right information and preparation behind them. We suggest that you prepare any relevant supporting evidence upfront; this might include the likes of parental schedules or other child related documentation, property documents and anything else that may work in favour of the negotiation.
We prompt you to discuss objectives and preferred outcomes ahead of time, this means letting negotiators know what you may be willing to compromise on, and that of the other end of the spectrum, this being non-negotiables.
All of this transparency will work in your favour in terms of how much the negotiator can do for you, legal negotiators want to make this case as strong as possible for you, so understanding these key factors make it much more streamlined during discussions and back and forths between solicitors.
#2 Don’t Forget About The ‘Bigger Picture’
What do we mean by the ‘bigger picture’?
Well, considering this is negotiation, there are likely some compromises that will have to be made, that being said it is important that you don’t lose sight of the bigger picture and you remember that it isn’t about ‘winning’. Don’t be discouraged by this however, the goal is still to achieve a favourable outcome for you, your children (if applicable) and anybody else that is involved in the dispute, without heading down the route of litigation.
Remember, a compromise is by no means a loss, it is something that is contributing to the outcome of resolution.
#3 Be Ready to Listen & Communicate
Understandably, there will be things that you might not enjoy listening to, some conversations you may not agree with, but it is still, nonetheless, important that you keep an open mind.
Be prepared to hear another perspective, this is precisely the point of the negotiator(s), to help you and the other parties understand new perspectives and find other ways of reaching agreement that you may not have been open to before.
Avoid making impulse or emotional decisions, remember that legal negotiators and solicitors can do the talking for you, particularly on difficult topics. We aim to help you be flexible and open to new compromises, this makes for a more succinct way of getting through the negotiation.
We ask you to trust the expertise that lies in your legal negotiator, trust that they have your best interests at the forefront of decisions and you can rest assured you’re in safe hands.
When May Family Negotiation (Solicitor Led) Be Necessary?
There are many different cases that invite the expertise of family law services like negotiation, each dealt with on a case by case basis. Family cases in particular are incredibly unique, each and every case has particular nuances that may look different from various points of views.
That being said, there really is no particular ‘case’ that requires negotiation as ultimately, legal negotiation can be applied to most cases that don’t require litigation. Nonetheless, in terms of family law, some of the key instances that negotiation is prominent include, but aren’t limited to:
- Divorce
- Financial settlements (e.g. division of assets)
- Child custody disputes
- Property disputes
- Prenuptial agreements
- Postnuptial agreements
- Inheritance & estate disputes
- Family business disputes
Again, this isn’t an extensive list, so don’t be discouraged if your situation is unique and doesn’t necessarily ‘fit in’ to these holistic overviews of family law.
If you’re wondering how negotiation can help, talk to our skilled team of family law negotiators and solicitors today at BBS Law.
Why Choose Family Law Services with BBS Law
Our skilled team at BBS Law takes the stress out of working towards a family resolution. Whether it is finances to child custody, our team have dealt with countless requests that make for solicitors that are highly competent in negotiation.
We understand that it is emotionally pressing, which is why we work to do the hard work for you. Rest assured you’re in safe hands with us at BBS Law, we are here to help, simply get in touch to find out how we can help with your case, no matter its uniqueness.
Our Family Law Partners
We take the time to get to know our clients and their businesses, and we work collaboratively with them to achieve their goals.
Meet Our Teams
Having recently worked with BBS Law to successfully conclude an Intellectual Property infringement case we were extremely happy with the services they provided.
David Bondt expertly guided us through the process and mediation, providing knowledgeable, professional and commercial support at all stages – thanks again David!
Baum Trading Limited
During a very difficult period in our business, we had to seek the help of a professional Law firm. We selected BBS Law Ltd following initial calls with Andrew Haffner and the Litigation Team. The support and unbiased guidance given by Andrew and the team guided us through many nightmare events. The extensive knowledge and professional support given to the complexities of the problem were well understood by BBS Law Ltd.
Hazel James, Managing Director at Brendon International Limited
I instructed David Bondt of BBS Law to deal with a complex intellectual property dispute. The other side were trying to be overly aggressive, but David and his team were able to deal with the situation professionally and robustly on my behalf. Needless to say, BBS Law obtained a very favourable outcome for us and gave very clear and concise advice to me throughout the case. I wouldn’t hesitate to recommend the litigation team at BBS Law.
SR, Client
Family Law News
SCROLL FOR MORE
Family Law Case Studies
Urgent Application for a Prohibited Steps Order
BBS Law represented a father who has sole care of the parties’ two-year-old son. The mother had returned to Taiwan, her home country and did not have consistent contact with the child. Given the father was in possession of the…
