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Collaborative Principles Guidelines for Negotiation Questions and Answers
 

10. How does a Collaborative Family Law negotiation differ from the traditional family law negotiation process?

In a Collaborative Family Law negotiation, the parties and their lawyers commit to resolving the dispute without going to court or threatening to go to court. In a traditional family law negotiation, court may be used as an ongoing threat or bargaining tool.

In a Collaborative Family Law negotiation, the parties explore options for resolution which include legal and other options. In a traditional negotiation, typically only legal options are considered.

In a Collaborative Family Law negotiation, the lawyers work as a team with both parties to develop a settlement that that best meets the goals of both parties. In a traditional negotiation each lawyer advocates solutions that best meet their client's goals.

In a Collaborative Family Law negotiation, the clients negotiate directly with one another and take responsibility for resolving the issues themselves. In a traditional negotiation, it is the lawyers who maintain control of the process and the negotiation.

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