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Interest Based Negotiation is one of the fundamental principals of the Collaborative Process.
In most situations where Collaborative Law is used there is going to be an ongoing relationship between the parties. Interest Based Negotiation takes this into account and encourages all parties involved to come up with creative solutions.
For example in the case of a family with children where the parents are separating there are a number of factors to take into account.
- Husbands Priorities
- Wife's Priorities
- Children's Needs
- Families Future
The Collaborative process looks for the common ground and then deals with each of the issues from an interests based rather than position based perspective.
Collaborative Lawyers have learnt that:
- Interest based discussions work better than position based bargaining
- Clients often find they share more interests than they realised
- Interest based negotiations fee clients to work towards a resolution that addresses everyone's needs and often results in acts of generosity
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