Introduction

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It has been my experience, shared by virtually every lawyer I know, that most divorce cases settle out of court. Despite the high level of emotional conflict endemic to the process, the disputants somehow find a way to resolve some of the most critical issues they have ever faced in their lives. We lawyers are uniquely situated to help facilitate that process while minimizing the invasive legal processing that often accompanies high conflict. This paper explores ways to minimize conflict, particularly in the area of parenting issues, by teaching our clients how to meaningfully participate in the negotiating process. My theme for most clients is "the more you know, the more likely it is you will reach a satisfactory outcome in your divorce". The primary emphasis of this paper will be on methods of teaching clients to take advantage of negotiating opportunities, with particular focus on the strengths and weaknesses each disputant brings to the bargaining table.

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