Negotiation is a process by which two or more parties discuss an issue in dispute between them with the goal of reaching an agreement or settlement and is predominantly used as an out-of-court resolution process.

Litigation is the act of settling disputes in court. Mediation is facilitated by only one person (the mediator). Arbitration is similar to a trial in that one person (the Arbitrator) will hear evidence and make a binding decision (called an Award) on the legal issues of disputing parties. Finally, negotiation typically involves both parties reaching an agreement out of court with the assistance of their respective lawyers.

Interest-based negotiation is more concerned with preserving the relationship between the disputing parties. The focus is more on finding solutions to each party’s unique needs, and disputes are approached from a Win-Win perspective. While this strategy is more future-focused, it requires more training and expertise on the part of the negotiator.

Positional negotiation is often less concerned about preserving any kind of ongoing relationship with the other party, the focus is more on meeting one’s own interests. Disputes are approached from a Win-Lose perspective – for one party to win, the other has to lose.

The answer is: It depends. A good negotiator will work with you to create the best strategy based on your desired outcomes. For this reason, when choosing a family law lawyer, ensure your lawyer is well-versed and trained in both forms of negotiation so they’re able to best represent your interests.