2,667
edits
Difference between revisions of "Collaborative Negotiation"
From Clicklaw Wikibooks
→Introduction
Gayla Reid (talk | contribs) m |
|||
| Line 15: | Line 15: | ||
The breakdown of a relationship is an extraordinarily difficult experience for everyone involved. Contrary to the impression you might form from much of the rest of this website, a couple's legal difficulties are only one part of the whole experience of ending a long-term relationship. The purpose shared by all collaborative processes is to provide a non-adversarial space for the parties to resolve their issues and emerge, at the end of the process, as emotionally- and psychologically-whole people. | The breakdown of a relationship is an extraordinarily difficult experience for everyone involved. Contrary to the impression you might form from much of the rest of this website, a couple's legal difficulties are only one part of the whole experience of ending a long-term relationship. The purpose shared by all collaborative processes is to provide a non-adversarial space for the parties to resolve their issues and emerge, at the end of the process, as emotionally- and psychologically-whole people. | ||
Litigation, which used to be the primary mechanism for resolving family law disputes, is adversarial by nature. Rather than improving things, it usually aggravates the emotional difficulties couples face when their relationship breaks down. In collaborative processes, on the other hand, the parties agree that they <span class="noglossary">will</span> not go to court, and sign an agreement to that effect, and mental health professionals are included in the process as necessary. | Litigation, which used to be the primary mechanism for resolving family law disputes, is adversarial by nature. Rather than improving things, it usually aggravates the emotional difficulties couples face when their relationship breaks down, throwing gasoline rather than water on the fire. In collaborative processes, on the other hand, the parties agree that they <span class="noglossary">will</span> not go to court, and sign an agreement to that effect, and mental health professionals are included in the process as necessary. | ||
Of course, not every couple is suited to a collaborative approach. This process requires honesty and good faith, both to oneself and to others. Sometimes the breakdown of a relationship is so full of anger and bitterness that no approach <span class="noglossary">will</span> work except for litigation. If each party isn't willing to use and embrace the collaborative process, it simply <span class="noglossary">will</span> not work. | Of course, not every couple is suited to a collaborative approach. This process requires honesty and good faith, both to oneself and to others. Sometimes the breakdown of a relationship is so full of anger and bitterness that no approach <span class="noglossary">will</span> work except for litigation. If each party isn't willing to use and embrace the collaborative process, it simply <span class="noglossary">will</span> not work. | ||
