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PostPosted: Sat Sep 16, 2017 1:28 am 

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The latest means adopted for alternative dispute sorting out in family law is Collaborative divorce. The term ‘collaborative’ entails the meaning of this new concept in itself. Basically lawyers for both clients collaborate and concur to back their respective clients in resolving the conflicts not by unpleasant tactics and lawsuit but through the use of cooperative means. This sort of law practice is coined as collaborative divorce method. Each involved person agrees to arrive at a negotiated end result and whilst these ongoing negotiations , no litigation can be instigated. A ‘Participation Agreement’ is signed by both the parties and their lawyers wherein consent is granted that lawyer of either side will step back from the process and not indulge in any following lawsuit in case the settlement fails.

The method of collaborative divorce involves two techniques that are also termed as methods of bargaining. One is ‘Interest-based Bargaining’ that emphasizes on meeting the essential requirements, interests and concerns of the clients in the negotiation. In this method of negotiation both sides are motivated to interact with each other on what is significant about the problem instead of quarreling for a particular outcome. This method enables an understanding between the parties and is mutual in nature. It is recommended to employ an expert attorney specializing in interest-based negotiation who can effectively take part in the collaborative method. The sole objective is to attain such a settlement that falls in favor of both sides and their respective needs. There are numerous such settlements meeting this objective but the best is to have a competent counsel insuring a sure settlement. The major components involved in this process are options, legitimacy, commitment, interests, relationship , alternatives and communication.

It is better for each party to keep in store several options as it increases the chances of arriving at the best possible option. Outcome in the end negotiation must cater to every one’s interests and for this their lawyer must comprehend their and the other party’s interests well. Keeping alternatives ready in case parties do not reach the desired settlement can prove to be beneficial.

The other method of bargaining is positional or position-based that is traditional in nature. In the initial phase of this process, each party is concerned with its own interests and needs. They take up a position and adhere to it. Clients are encouraged to put forth their needs on the grounds of the taken position. It cannot be regarded as a favorable bargaining method and here parties tend to turn against each other. It can be said that it lays insignificant emphasis on future relationships. This makes the fact clear that interest based bargaining definitely has an edge over positional bargaining.
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