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Clearwater Divorce Attorney > Direct Negotiation

Direct Negotiation

One avenue we employ in our family law cases is direct negotiation.  Direct negotiation divorce is a process where divorcing parties and their attorneys communicate and negotiate to resolve issues without the involvement of a third party. It’s often the first step in a divorce case and can be a cooperative divorce where the parties agree to negotiate from the beginning.  We discuss settlement options directly with the other spouse of his/her attorney.  This process allows the parties a high level of autonomy in deciding how their matter will be resolved and an opportunity to have an active role in making key decisions.  These types of negotiated settlements may be reached before litigation but are also often reached after a petition has been filed.

Parties sometimes decide that they want their attorneys to negotiate a settlement from the outset of their case, without any court involvement. This is commonly called a cooperative divorce. In a cooperative divorce, both parties provide full and fair disclosure of relevant information to each other without the need for the formal and adversarial discovery process that occurs with litigation. Joint experts typically play an important role in a cooperative divorce process. In complex financial cases, the parties will typically agree to the use of a joint financial expert to analyze the financial issues in the case. Where the parties have minor children, parenting coordinators (experts in children and parenting) help parties reach agreements on parenting issues in a manner that is in the best interest of their children. These joint experts are critical to helping parties reach a negotiated settlement when the court is not involved.

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