Authors: Deborah L. Shennette & Kristen P. Hanson

There are myriad reasons and impediments to successful settlement negotiations in family law matters. One party may be unwilling to negotiate in good faith. Power imbalances may exist between parties. Sometimes people just want their day in court. This paper details important areas of file management in relation to negotiation, including: preparation, the lawyer’s approach to negotiation, client motivations, obstacles to reaching a negotiated settlement, and parenting plans.

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.