Anonymous

Difference between revisions of "Collaborative Negotiation"

From Clicklaw Wikibooks
Line 20: Line 20:
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. 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. Like all other alternatives to court except arbitration, 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.


==Overview==
==Overview==
2,443

edits