Category Archives: Negotiation

… feature articles on mediation, alternative dispute resolution (“ADR”), and personal initiatives just between the divorcing spouses themselves, as well as broader attempts to resolve disagreement, conflict in family, domestic relations situations

How complicated is divorce, really?

Among too many uncritically examined “givens” you’ll hear bandied about the courthouse as truth, I’ll note the following. Every family situation is unique. No judge could decide better than the married spouses themselves what’s best in organizing their separation in divorce than they are, themselves. Or— Believe me: You’re really not gonna like it if [...]

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So divorce mediation isn’t confidential after all?

In the early 1980s, a college buddy of mine bought a house in Ann Arbor for renovation and anticipated subsequent rental. He was an engineer, which lends itself to such prerequisite skill sets, mechanical-side. I claim no such credentials. One day I was over at the house and he encouraged me upstairs to see a [...]

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What does “brand loyalty” have to do with divorce settlement negotiations?

One of the negotiation fundamentals is that improved relationship value reduces price pressure. This is key and applicable to the process of divorce settlement negotiations, since “price” is invariably a consideration in looking at what the parties must come to accept as an equitable distribution of property. Author Tom Reilly, writing in the June 1, 2008, Industrial [...]

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Game-playing in divorce negotiation: “Controlling the Contract”

This is the last of “The Top Twenty Tactics of Strategically … Difficult People” that we’ll address here on the Michigan Divorce Negotiation Blog. The thing about divorce agreements, and, to the amazement of many, even most Judgments of Divorce, is that they still have to be written up by either your lawyer or your [...]

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Game-playing in divorce negotiation: “Trust Me”

Before rolling our sleeves up on this one, let’s back up for a refresher on two divorce fundamentals upon which this one relies. Trust has to be earned. That means the person asking for your trust (a) has been challenged to demonstrate trust to you on issues of equal or greater importance to the one [...]

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Game-playing in divorce negotiation: “Physical Surroundings”

Shapiro and Jankowski alert would-be negotiators to a number of manipulative aspects associated with this tactic. In divorce matters, however, advantage can be gained with far less effort. Emotional challenges found in no other sort of negotiation certainly apply to the potential impact of physical space and comfort. Remember, in divorce, both marital partners are [...]

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Recognizing “strategically difficult” opposition, part 2

Part 1 on this topic listed 10 of “The Top Twenty Tactics of Strategically … Difficult People,” as delineated by Ronald M. Shapiro and Mark A. Jankowski (with James Dale) Bullies, Tyrants, and Impossible People: How to Beat Them Without Joining Them. The following, then, completes that inventory. As I mentioned previously, games I’ve seen played [...]

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