Imagine you have a choice between a sure $50.00 and a coin flip which would give you $100.00 or nothing. If you have a strong desire to choose the coin flip, you are a risk-preferrer in that situation. If you want the certain $50.00, you are risk-adverse. The risk-preferrer has an advantage in a negotiation, because he or she has a greater tolerance for the possibility of "losing".

The inherent uncertainty in the judicial process gives the risk-preferrer spouse an advantage over the risk-adverse spouse. Although an experienced family law practicioner will be able to estimate what is likely to happen in a trial, most courts have enormouse discretion in divorce cases, particularly when it comes to placement of the children and the other spouse's access to them. The judge's decision might be quite different from even the most experienced lawyer's prediction, for better or for worse. Your client can avoid that uncertainty by reaching an agreement right away, but a relatively small tolerance for uncertainty may leave your client needing an agreement more than his or her spouse does. If your bargaining opponent knows your client cannot stand uncertainty and risk, he or she may insist on unfair concessions before allowing your client any certainty, i.e. a signed divorce settlement.

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