Attorney-Negotiated Settlement
If a couple opts for an attorney-negotiated settlement,
each party hires an attorney to represent them.
The clients negotiate what they can, and the attorneys
negotiate with each other on the outstanding issues
in order to reach a settlement. They contact their clients
as necessary. Sometimes, four-way meetings are held.
With attorney-negotiated settlements, Friend of the
Court often interviews each spouse and holds hearings.
It's also possible that an expert will be called in
to perform a custody evaluation.
Advantages of attorney-negotiated settlements:
- The attorney is present to advise every step of
the negotiations.
- Clients who worry about standing up for themselves
can have attorneys speak for them.
Disadvantages of attorney-negotiated settlements:
- The expense is higher than self-negotiated or mediated
cases.
- Attorneys will color the negotiations with their
perspectives. Clients must listen carefully to assure
that the attorney is accurately stating their positions.
- It's more time-consuming and inefficient: The client
has to call the attorney, who calls the other attorney,
who then calls the other client. The process then
repeats in reverse.
- Clients rely on attorneys to check details and are,
therefore, less involved.
- Clients often don't feel ownership of the settlement.
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