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| Collaborative Negotiation |
At the heart of Collaborative Divorce and Mediation is the concept of Interest-Based negotiation. Interest-based negotiation is very different from the positional negations that take place in litigation systems. Interest-Based negotiations seeks to maximize the joint interest of both parties to achieve success as they have defined it for themselves. Positional negotiations is simply win\loose no matter what the casualties are. The following is a summary of the differences, so that you can make an assessment of what type of legacy you wish to leave for your family as you transition from what you were to what you will be.
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Experience is not expensive... It's Priceless!
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POSITIONAL NEGOTIATIONS
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INTEREST-BASED NEGOTIATIONS
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Moving target, False demands
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Based on Hopes & Concerns
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Win/Lose
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Mutually Acceptable Agreements
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Use of emotions to manipulate
Stare downs/flinching
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Focus on Objective Criteria
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Manipulative & secret
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Problem Solving & Open
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Not concerned with relationship
with children & extended families
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Focus on children and concern about
extended families
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Not concerned with relationship
with other client
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Relationship based
Client's goals and questions considered
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Focus on past
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Future Focused
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Forced resolution
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Creative Problem Solving
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Dividing the family
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Re-structuring the Family
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Limited choices
Divide resources and split the
difference
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Explore Choices & Expand the Resources.
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Loss
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Legacy
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Combative
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Creative
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Equal
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Equitable
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