Family Law: Negotiation is spelt C.O.M.P.R.O.M.I.S.E

Negotiation is spelt: C.O.M.P.R.O.M.I.S.E.

No, it’s not a spelling mistake. 

In family law, it’s very rare that both parties will get exactly what they want. As such, negotiation really is all about compromise.

When negotiating, it is important to know a couple of things:

1. What do you want?
2. What are the things you are prepared to give up?

 For example:

• I want 60% of the property pool but I am prepared to walk away if I get 50% of the property pool.
• I would like to have the children Monday to Thursday and Saturday nights but at the very least, I want to spend Monday to Wednesday with the children.

 Negotiation is only useful if both parties want to reach a resolution and are prepared to compromise on some issues to reach a resolution.

However, it is important whether there is a significant power imbalance between the parties. If you feel that you are compromising on issues which are amongst your top priorities or are being unduly pressured to do so, negotiation may not be suited to your situation.

 Above all, when negotiating care arrangements for children, you must remember that compromise is also about serving the best interests of your child. Compromise in this scenario may mean NEITHER party gets what they want if it is in the children’s best interests to set up an alternative care arrangement.

 If you have a family law matter, concerns or questions about reaching a conclusion in your family law property settlement or dispute resolution in your family law issue and want to find out more please do not hesitate to contact us on 9688 6023 or email us at info@franklegal.com.au.

 This article is provided to the reader for general information. It is not legal advice. It was written by Andrea Spencer & Emily Graham and edited by James Frank.

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Family Law Property Settlement, Family Law Property Settlement in NSW, Court, Reaching a Conclusion, Dispute Resolution