Family Law: Negotiation: What and Why?

Different dispute resolution processes may be more or less useful in reaching a conclusion in your family law property settlement. This blog post looks at the ‘what’ and ‘why’ of negotiation.

 What is negotiation?

Negotiation is a form of dispute resolution. The parties to the dispute effectively seat down together and try to reach an outcome agreeable to both parties.

 Why choose negotiation?

Negotiation is helpful if there are simple matters to be resolved. Negotiation works best when the parties are on the same page and there is a reasonable prospect that the parties can amicably reach a resolution. Negotiation also works well when parties want to resolve the matter quickly and, as such, are willing to compromise to reach a solution.

 Negotiation is not helpful if there is a significant power imbalance between the parties, a party does not wish to reach an agreed upon resolution, a party does not wish to communicate with or be around the other party or if a party has not disclosed information required. Negotiation is also not helpful if both parties have a set idea of the outcome they desire in mind and are not willing to compromise.

In some situations it may be useful to negotiate using solicitors as go betweens in order to ensure emotion does not distort any communication in the negotiation process. In some situations where an impartial view would be useful, mediation might be recommended. Appropriate dispute resolution processes however inherently depend on your particular circumstances.

 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.

More from the blog:

Mediation: What and Why?

Family Law and Dispute Resolution

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