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Goal Based Negotiations vs. Interest Based Negotiations

One of the main differences between Mediation and Litigation are the ways the negotiations are organized and processed. In litigation, legal council usually uses what I call interest-based negotiations. They are looking out for their client’s best interests which is their role, however it can lead to the parties developing a higher level of conflict than they had before. This process can be extremely lengthy. It is difficult to find middle ground when you are ONLY focused on your own interests and desires.

Goal based negotiations are what we use in mediation. We pinpoint common goals that our clients have and discuss how we can reach those goals. One example of the most common goals we see in mediation, for both parties, is keeping the children happy and safe. Once you bring a new perspective into the conversations and focus on what the two parties have in common instead of how they are different, really does change the energy in the room.

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Mediation is a process led by a highly qualified, experienced and impartial professional who will help you and your ex-partner come to agreements on all aspects of your separation. You leave the process with a legally binding separation agreement and parenting plan if needed.

A Separation Agreement is a contract between you and your spouse or partner that states the settlement of issues relating to your separation. Drafting your Separation Agreement is an administrative task and by doing so does not mean we are implying that we are lawyers and providing any legal advice.  We strongly encourage any persons who are going through mediation to receive Independent Legal advice from a family law lawyer.

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