The Cooperative Phase

Be sure your client understands that, ultimately, cooperation is a worthy and necessary stage in the negotiations process. While acknowledging that negotiations are inherently competitive, it helps to remind the client of the following:

  1. Be cooperative.
  2. Do not use threats.
  3. Assess the value of your position accurately.
  4. Be sensitive to the needs of your spouse.
  5. Be willing to share information.
  6. Approach negotiations in an objective, fair, trustworthy manner.
  7. Seek agreement in the opne exchange of information.
  8. Get a settlement that is fair to both sides.

If you agree with the common negotiating techniques described here, you can certainly help your client plan effective bargaining strategies. First, you need to enhance your client's latent skills during the information phase. This will increase the likelihood that the client will obtain an acceptable agreement during the competitive bargaining phase. Once the parties have reached a tentative agreement, you should urge them to try to cooperate to see if there are other options they can agree on that would make their bargain even better for both of them. Often, the two lawyers working together can help the parties find more positive creative solutions that are personalized to their needs and the needs of their children.

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Lowell Halverson halvl@accessone.com
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