Building credible proposals for divorce settlements

There are several techniques that can be used to make negotiations more constructive, less heated, and better aligned with both parties’ needs.
Molly Johnson
Molly Johnson
Trainee Solicitor
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  • Proposals: plural not singular. A shift would be to develop multiple potential settlement options, rather than one “ideal” offer. Presenting a fixed position limits flexibility and often entrenches opposition.
  • Taking time to prepare. Priority should be placed upon understanding the other party’s motivations, pressures, and desired outcomes. Only once they understand the drivers behind behaviour can solutions be proposed that stand a real chance of acceptance.
  • Building credible proposals. The proposal should be realistic and can be implemented without undue hardship. The proposal should be balanced, the proposal must address both parties’ needs and priorities. The proposal should be flexible and able to adapt as new information emerges.

Settlement negotiations are not a debate to be won; it is a structured problem-solving process. For divorce professionals, building credible proposals means helping clients develop multiple, well considered options, grounded in a clear understanding of both parties’ interests.

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