Author: Brad Mustard

Negotiation is the most common process for the resolution of family law conflict. This paper explores the natural tension in negotiation theory behind interest-based, rights-based, and competitive-based negotiations. When the practice of negotiation and the theory of these negotiation methodologies are placed in its proper context, a compromise exists in this tension and practical strategies between the two methodologies can emerge.

This paper is part of a collection presented at LESA’s Advanced Negotiation Techniques for Family Lawyers program in Calgary on June 2, 2022 and in Edmonton on June 14, 2022.