WHAT FAMILY LAWYERS ARE REALLY DOING WHEN THEY NEGOTIATE

In: Family court review: publ. in assoc. with: Association of Family and Conciliation Courts, Band 44, Heft 4, S. 612-622

Abstract

How should lawyers negotiate? This article outlines an empirical study of how lawyers rate each other in negotiation behaviors. After discussing what skills are needed for effective negotiation behavior, we then look more closely at how family lawyers in particular are negotiating. Examining some troubling data, we find that family lawyers appear to be more adversarial and less problem solving than other types of practitioners. We conclude by discussing why this might be so and what the family law bar and family law professors should be doing in the future to address this problem.