Negotiating Strategies And Challenges In The Divorce Process

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Negotiating Strategies And Challenges In The Divorce Process

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Author : Lawrence D. Gaughan
language : en
Publisher: Dorrance Publishing
Release Date : 2023-05-03

Negotiating Strategies And Challenges In The Divorce Process written by Lawrence D. Gaughan and has been published by Dorrance Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-03 with Law categories.

About the Book “Why don't we spend much more of our time studying the art of negotiating? Perhaps a major reason is that divorce is a process, and not much of our legal education is focused on the process. The goal of this book is to explore in detail the scope of knowledge and skills that would be appropriate for professionals who are involved in the negotiation of divorce agreements. This is a book about negotiating! And since all of this negotiating takes place in the context of the divorce process, this is also a book about the divorce process!” - L.D. Gaughan Negotiating Strategies and Challenges in the Divorce Process represents the professional legacy of my father, Lawrence D. Gaughan, a monumental pioneer in the field of family law and mediation. Completed months before my father’s death and published posthumously, this book serves as an academic textbook, as well as a developmental guide for professionals. I remember around the time my father turned 65, I asked him when he planned to write a book related to his life’s work. His response was, “I will think about it when I get closer to retirement.” Twenty years later, with his practice finally starting to wind down, he announced that he had completed the final edit of his book. Just a few short months after that, he was suddenly stricken with aggressive metastasized melanoma. He passed away on June 23rd, 2019. But, my father lives on in the artful illustrations of his brilliant ideas interwoven and crafted into these chapters. I am honored that, in his final wishes, he entrusted me with the task of making sure his contribution to the field of family law was properly published and promoted. Anyone, from the lay reader to the family law professional, will find this book to be enlightening. It is a thoroughly informative, insightful, and creative examination of how the art of negotiation can be used most effectively in the divorce process.” - W. Lawrence Gaughan (son of Lawrence D. Gaughan) About the Author Lawrence D. Gaughan was the founder and Professional Director of Family Mediation of Greater Washington. He earned a J.D. from the University of Montana (1957) and an LL.M. from the University of Virginia (1964). L.D. Gaughan practiced family law and family mediation in Northern Virginia from 1979 until his death in 2019. He was also a law professor at the University of Virginia, Washington & Lee University and George Mason University law schools. In 1979-80, L.D. Gaughan took a sabbatical from W&L to study family systems with Murray Bowen, M.D., and his staff in the Department of Psychiatry at Georgetown University. He was a member of the Virginia State Bar since 1967. From 1975-1999 he gave the annual keynote lecture on Family Law at the Virginia State Bar Association Conference. As an attorney, L.D. Gaughan consistently received the highest ratings for both legal ability and ethical standards (“AVR PreeminentTM") from Martindale-Hubbell. He was also rated 10 out of 10 by Awo. He was a founding member of the Professional Mediation Board of Standards, a 501(C)(3) board formed to frame and implement standards for professional family mediators, and was certified for collaborative practice. In September 2017, L.D. Gaughan received the Distinguished Mediator of the Year award from the Virginia Mediation Network at its annual conference in Richmond. In 2019, at their convention in Boston, he was posthumously recognized with a lifetime achievement award from the Academy of Professional Family Mediators.

The Process Of Divorce

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Author : Kenneth Kressel
language : en
Publisher: Rowman & Littlefield
Release Date : 1997

The Process Of Divorce written by Kenneth Kressel and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Family & Relationships categories.

This informative book, written in lively language, analyzes extensive material from in-depth studies of divorce professionals and their clients and uses vivid real-life examples to describe what facilitates or blocks successful settlements.

Negotiation

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Author : E. Wendy Trachte-Huber
language : en
Publisher:
Release Date : 1995

Negotiation written by E. Wendy Trachte-Huber and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Dispute resolution (Law) categories.

Mediation And Negotiations A Comprehensive Guide

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Author : Alfred Charles
language : en
Publisher: Alfred Charles
Release Date :

Mediation And Negotiations A Comprehensive Guide written by Alfred Charles and has been published by Alfred Charles this book supported file pdf, txt, epub, kindle and other format this book has been release on with Business & Economics categories.

In this comprehensive guide on "Mediation and Negotiations," readers will learn the essential principles, techniques, and strategies to become skilled conflict resolution practitioners. From understanding the dynamics of conflicts and their impact on individuals and societies to exploring the step-by-step process of mediation and effective negotiation strategies, this book equips readers with the tools to navigate complex disputes. Through real-life case studies, readers will gain insights into successful mediation and negotiation scenarios, while also delving into ethical considerations and the integration of technology in conflict resolution. By the end of this book, readers will be empowered to foster constructive communication, build trust, and navigate conflicts with empathy, ultimately paving the way for sustainable resolutions that promote harmony and cooperation.

Little Book Of Strategic Negotiation

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Author : Jayne Docherty
language : en
Publisher: Simon and Schuster
Release Date : 2004-10-01

Little Book Of Strategic Negotiation written by Jayne Docherty and has been published by Simon and Schuster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-10-01 with Law categories.

Most books on negotiation assume that the negotiators are in a stable settintg. But what about those far thornier times when negotiation needs to happen while other fundamental factors are in uproarious change— deciding which parent will have custody of their child while a divorce is underway; bargaining between workers and management during the course of a merger and downsizing; or establishing a new government as a civil war winds down. From Docherty's experiences in environmental/public policy negotiations and community development work. A title in The Little Books of Justice and Peacebuilding Series.

Settlement Negotiation Techniques In Family Law

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Author : Gregg M. Herman
language : en
Publisher:
Release Date : 2013

Settlement Negotiation Techniques In Family Law written by Gregg M. Herman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Attorney and client categories.

Negotiation is a critical part of any family lawyer s job, meaning that the importance of becoming a better negotiator cannot be overstated. Settlement Negotiation Techniques in Family Law discusses the most important concepts of divorce settlement negotiation techniques to help lawyers and other divorce professionals improve their skills. Well written and logically organized, it offers reasoned and tested approaches that help practitioners understand the many aspects of negotiation, and through this process assist their clients in getting to yes and the opportunity for a better future. This invaluable, clearly written resource is based on the realities of daily legal practice. Beginning with traditional theories and basic concepts of negotiation, the book examines the nuts-and-bolts issues involved in divorce negotiation and settlement. From issues of timing to how to prepare the client for settlement and negotiating with opposing counsel, Gregg Herman offers informed and thoughtful advice based on his years of practice. He also addresses more specialized aspects of divorce negotiation, including: the four-way meeting; planned early negotiation; mediation, collaborative divorce, and cooperative divorce; ethical issues; preparing for the endgame; ten essential rules for negotiating; and much more."

Divorce Lawyers And Their Clients

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Author : Austin Sarat
language : en
Publisher: Oxford University Press
Release Date : 1995-08-03

Divorce Lawyers And Their Clients written by Austin Sarat and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995-08-03 with Law categories.

Each year more than 2 million Americans get divorced, and most of them use a lawyer. In closed-door conversations between lawyers and their clients strategy is planned, tactics are devised, and the emotional climate of the divorce is established. Do lawyers contribute to the pain and emotional difficulty of divorce by escalating demands and encouraging unreasonable behavior? Do they take advantage of clients at a time of emotional difficulty? Can and should clients trust their lawyers to look out for their welfare and advance their long-term interests? Austin Sarat and William L. F. Felstiner's new book, based on a pioneering and intensive study of actual conferences between divorce lawyers and their clients, provides an unprecedented behind-the-scenes description of the lawyer-client relationship, and calls into question much of the conventional wisdom about what divorce lawyers actually do. Divorce Lawyers and Their Clients suggests that most divorces are marked less by a pattern of aggressive advocacy than by one of inaction and drift. It uncovers reasons why lawyers find divorce practice frustrating and difficult and why clients frequently feel dissatisfied with their lawyers. This new work provides a unique perspective on the dynamics of professionalism. It charts the complex and shifting ways lawyers and clients "negotiate" their relationship as they work out the strategy and tactics of divorce. Sarat and Felstiner show how both lawyers and clients are able to draw on resources of power to set the agenda of their interaction, while neither one is fully in charge. Rather, power shifts between the two parties; where it is achieved, power is found in the ability to have one's understandings of the social and legal worlds of divorce accepted. Power then works through the creation of shared meanings. Divorce Lawyers and Their Clients examines the effort to create such shared meanings about the nature of marriage and why marriages fail, the operation of the legal process, and the best way to bring divorces to closure. It will be fascinating reading for anyone who is going through a divorce, or has gone through one, as well as for lawyers, judges, and scholars of law and society.

Negotiating The Legal Divorce Process

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Author : Sarah Elaine Catherine Malia
language : en
Publisher:
Release Date : 2005

Negotiating The Legal Divorce Process written by Sarah Elaine Catherine Malia and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Divorced mothers categories.

This study explored divorcing mothers' perceptions of the legal system and divorce in order to develop a grounded theory based on their experiences of this complex process. Divorce in the U.S. often places a disproportionate burden on women and children. Around half of all first marriages are expected to end in divorce, and nearly 40% of all children will experience parental divorce before age 18. Based on participants' interviews, I developed a Divorce Control Efforts Framework and found that navigating the unfamiliar, intimidating legal system contributes to divorce-related stress, uncertainty, and sense of powerlessness that many divorcing women experience. Mothers actually negotiate their divorce issues with both their ex-spouse and the legal system, and they seek to establish a sense of control through legal and nonlegal resources and methods. Their approaches to divorce can be described along a continuum from private/personal to legal/ professional divorces. Mothers' satisfaction with the legal system and divorce outcome depends on the extent to which they achieve their divorce goals and gain or maintain a sense of control throughout the process. Although many aspects of legal divorce process remain out of women's hands, those women who generally believe and expect they should be and are in charge of their divorce process (rather than external legal system supports) will more likely experience a satisfactory divorce.

Negotiating To Settlement In Divorce

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Author :
language : en
Publisher:
Release Date : 1985

Negotiating To Settlement In Divorce written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Custody of children categories.

Divorce A Psychosocial Study

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Author : Shelley Day Sclater
language : en
Publisher: Routledge
Release Date : 2017-07-05

Divorce A Psychosocial Study written by Shelley Day Sclater and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with Psychology categories.

Several jurisdictions have attempted to render divorce more harmonious by abolishing matrimonial 'fault' and facilitating the resolution of divorce disputes by mediation. In Britain, these provisions appear in the Family Law Act 1996. The book presents a challenge to the underlying assumptions that conflict and the adversarial system are undesirable. Its focus is on adults’ experiences of divorce. In a series of interviews, divorcing people told their own stories of divorce. The personal narratives revealed that divorce can be emotionally traumatic, but it has positive sides too. The emotions of divorce are not pathological , but are readily explicable as ordinary human coping strategies , in the context of the real material privations that many divorcing people suffer. These coping strategies often involve conflict and acrimony. From a psychodynamic perspective, it is argued that these are integral, and psychologically necessary, aspects of the divorce process. This book is particularly topical in the light of the recent decision of the British Government to postpone the implementation of the Family Law Act 1996 and the acknowledged need for research to inform policy.