Negotiation
The process of negotiation involves two lawyers. Each one is retained independently by one of the parties. It is the lawyer’s job to advise his or her own client regarding their rights and obligations and to protect their interests according to the law.
- Negotiation may be conducted by the exchange of letters and documents between counsel. In my experience, this can take weeks or months for the parties to reach a settlement.
- Alternatively, the lawyers and their clients may agree to attend a 4-way settlement meeting to discuss resolution of the issues.
- Either way, resolving a family law matter by negotiation is certainly more desirable than going to court; however, it is generally more expensive than mediation because two lawyers are involved in the process from beginning to end.
- If an agreement is reached, one of the lawyers will draft the legal document to make the agreement binding.
- If no agreement is reached, the parties still have the option of retaining the SAME lawyers to represent them in court.
Negotiation is certainly more desirable than going to court;
however,
it is generally more
expensive than
mediation.
– Kelly Edmonds
Kelly P. Edmonds
BA, LL B, AccFM (OAFM)
Family Law Lawyer and Mediator