Negotiation
Overview
Negotiating a financial settlement can be a straightforward, or it can be a painful long, drawn-out process – As with any negotiation, the aim is to reach a settlement that both parties are happy with – but the court also needs to view it as fair.
The emotions involved with a divorce often result in the process of negotiation being extremely challenging.
What are the different approaches to negotiation?
Direct Negotiation
At Hylton-Potts we call this a kitchen-table settlement because an agreement can be reached over a pot of tea, or a bottle of wine – fact to face. It is possible for a couple to agree a settlement themselves, and this is usually the best way, as it can save a lot of money and time. However, one particular thing you should always do is consult an expert to make sure the deal you’re getting is fair to you – give us an email by clicking here!
Mediation
A professional mediator can help you along in your discussions to reach an acceptable agreement. Hiring a mediator provides a formal structure that will help speed things up but rarely results in an agreement that both parties are satisfied with, so it is usually a waste of time and money.
Adversarial Process
This process traditionally involves both parties fighting for the best possible financial outcome using the courts. Once one party (usually the weaker financially) applies for Ancillary Relief, the process carries on and usually results in a Financial Dispute Resolution hearing. This is where a judge offers what the court thinks would be a fair settlement. If a settlement still can’t be agreed upon, then it will go to a Final Hearing, where the court will impose a settlement.
If you’re about to take your first steps on the ladder to being divorced, or you’re stuck at a certain point in the process, get in touch with an expert legal consultant at Hylton-Potts today by clicking here. At Hylton-Potts we have huge experience and skills in this field. We are cheaper and better than solicitors.
