Negotiation

The easiest way to reach an agreement with someone is to set aside a time and place for you to meet and discuss things. It helps to minimize distractions and interruptions. It helps to meet in person (unless that would put someone in danger). And it helps to be open-minded and polite. If you actually listen, then that serves to demonstrate how you would like to be listened to.

Some people are naturally better at this than others. But it is possible to learn the skills needed to be a good negotiator. By the way, hard-ball tactics and threats are often counter-productive (especially if you are focusing on your long-term best interests). My page about Suggestions for Achieving an Effective Negotiation, Mediation, or Collaborative Meeting may help you in preparing for and participating in a negotiation meeting.

There is a spectrum of choices available depending on how much involvement (interference?) you need or expect from an attorney. (1) You handle your own negotiation and consult with your attorney outside of the negotiation process in order to get legal advice. (2) If you need help, then mediation without attorneys present may be the next step. You would still consult with your attorney outside of the mediation in order to get legal advice. (3) If you need more help, then that might mean mediation with attorneys present. (4) In Collaborative Law the attorneys for both sides agree to not use the court system to fight. The attorneys are used only for helping to resolve the case by agreement. Both attorneys act more like mediators. (5) In a traditional litigation, the attorneys usually attempt to settle the case by discussing the situation with the other attorney--but not with the other client. If this indirect method of communication fails to achieve an agreement, then the attorneys use expensive court procedures to force the issue (like discovery which requires the opposing side to provide information; like hearings in which both sides present formal evidence so that the Judge can make a temporary decision; and like a trial in which the Judge makes a final decision--unless children are involved, in which case a final decision is not really final and both sides may have to go through the whole thing again another time....)

Please see these pages for more information on:

Mediation and  Collaborative Law.

I would be happy to discuss your case briefly and estimate my fees by telephone. I DO NOT CHARGE for your first phone call with me! If you leave me a message on my answering machine, I will return your call as soon as I can.

- Mark W. Batchelder
© 2005, 2012 All rights reserved.

Mark W. Batchelder
Attorney at Law
Fort Worth, Texas
817-926-5555