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About Settlement Negotiation Techniques in Family Law
Negotiation is a critical part of any family lawyer's job, and thus the importance of becoming a better negotiator cannot be overstated. Settlement Negotiation Techniques in Family Law: A Guide to Improved Tactics and Resolution by Gregg Herman brings together many of the various concepts of divorce settlement negotiations to help lawyers improve their skills at divorce negotiation. Well-written and logically organized, this volume offers reasoned and tested approaches that help lawyers better understand the many aspects of negotiation, and through this process assist their clients in getting to "yes," giving them the opportunity for a better future.
For lawyers who have used various negotiation techniques in the past and see room for improvement, this is an invaluable, clearly written resource based on the realities of daily legal practice. Beginning with traditional theories and basic concepts of negotiation, the book examines the nuts-and-bolts issues involved in divorce negotiation and settlement. From issues of timing to how to prepare the client for settlement and negotiating with opposing counsel, Gregg Herman offers informed and thoughtful advice based on his years of practice.
Subsequent chapters address more specialized aspects of divorce negotiation, including:
The four-way meeting, a common aspect of family law negotiations
Planned early negotiation (PEN), when the likely end results fall into a narrow range, and how this technique can get to a likely result with greater speed
Settlement issues specific to family law negotiations
Mediation, collaborative divorce, and cooperative divorce
Employing creative settlement techniques when normal routes have failed
The applications of game theory to divorce settlements
Preparing for the endgame
Ten essential rules for negotiating
How to become a better negotiator
Table of Contents
Introduction Gandhi on Settlement Chapter 1: Getting to Yes: Traditional Theory Chapter 2: The Basics Chapter 3: Timing Chapter 4: Controlling Emotions Chapter 5: Preparing the Client for Settlement Chapter 6: Disclosure Chapter 7: Prositional Negotiation Chapter 8: Negotiating with Opposing Counsel Chapter 9: Negotiating with the Pro Se Party Chapter 10: The Four-Way Meeting Chapter 11: The Role of the Judge Chapter 12: Planning Early Negotiation Chapter 13: Family Law-Specific Settlement Issues Chapter 14: Mediation Chapter 15: Collaborative Divorce Chapter 15: Cooperative Divorce Chapter 17: Creative Settlement Techniques Chapter 18: Divorce Settlements and Game Theory Chapter 19: Ethical Considerations Chapter 20: Ten Commandments Chapter 21: The Endgame Chapter 22: Becoming a Better Negotiator