The agenda of a negotiation will set the stage for much of what follows. The spouse who controls the agenda takes the initiative by scheduling both what will be discussed and what will not be discussed. For example, where both custody and property issues are in dispute, the custodial parent is better off if the custody agenda does NOT also include property issues, for fear of making concessions on property in order to protect custodial rights. The noncustodial parent, on the other hand, may want to keep property items on the agenda as a means of winning parenting concessions.

If your client gains contro of the agenda, this reveals the client's determination early on by prohibiting certain non-negotiable items from the agenda. Otherwise, your client may send a signal to the other negotiating opponent that these items are available to discuss and trade. If your client decides to accept the spouse's agenda and timetable, be sure you have the client carefully consider the constequences. In particular, examine the items that may be left out.

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