Teach your client to avoid "take it or leave it" tactics, and be open to exploring the options. Encourage your client to listen to the hidden messages that often reveal themselves during direct negotiations. Learning new facts may present new settlement options not previously considered. I illustrate this for clients with the following scenario.
"You may learn things you never knew about your spouse's cash position, living expenses, and other financial responsibilities. Assume, for example, your husband says, 'I can't pay you $50,000 and still keep enough capital in the business to keep it going'. Do not get discouraged by this rebuff. He has just told you something valuable that can lead to settlement. You now have a chance to ask him just how well the business is doin financially. What are the cash needs and realistic expectations for the enterprise in the next six months? What is the accountant suggesting will be the capital requirements? Are there major purchases on the horizon? What current assets are causing a cash drain? On the other side, your husbandf can get a sense of why you need the amount you have demanded, and each of you can then look for common solutions. You might even decide that you could loan him some of your settlement money if the business looks worthy enough."
Some specific tips on exploring options that I suggest to my clients:
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