Blog

 

Interest based negotiation is unique to the peacemaking practices.

 

 

 

Information Gathering - Not “Discovery”

 

Neutral, co-operative collection of information and documents.   General questionnaire, statements for assets and liabilities, budgets, complete information given freely and completely with voluntary disclosure.

 

 

Interests - Not “Positions”

 

 

Encouraged to envision what you want your future to look like and how you want to feel when you’re finished.  

 

Empowered to flesh out that vision and express it to your partner while he or she listens and incorporates those ideas into thoughts for solutions.

 

 

Options - Not “Offers and Counteroffers”

 

With interests for each of you and the family in mind, think about options that provide what is most important for yourself and the whole.

 

 

Analysis - Not "Argument"

 

Options are analyzed for feasibility, workability and whether they meet the interests expressed.

 

 

Decide Together - Not By a Judge and Not on the Courthouse Steps.

 

 Make it work for you and your family.  All you need is informed consent and agreement.

 

 

Commit to a Durable Agreement - Not Challenged by Appeal or Recurring Motions for Modification.

 

This is very different from having a position and building a case prepared for decision by a judge.  It’s good decision-making.

 

 

These processes are confidential.  What is said in the mediation is not admissible in court, leaving you free to be creative without being held to an idea until it’s signed off in a final agreement.

 

 

 

NEXT we’ll talk about the skills and inner work necessary for the parties and the peacemaker to facilitate this type of negotiation.

 

 

 

 You might have guessed. It takes heart qualities and focus on the goal.