Saturday, March 17, 2018
John Lande has posted to SSRN Overcoming Roadblocks to Reaching Settlement in Family Law Cases, 40 Family Advocate 26 (Winter 2018). Here is the abstract:
In “litigation as usual,” settlement often comes only after adversarial posturing, the original conflict escalates, the relationships deteriorate, the process takes too long and costs too much, and nobody is really happy with the resolution. This article describes common roadblocks to negotiation and ways to overcome them to reach good settlements. Although some dynamics described in this article are specific to family law cases, most apply in virtually any type of litigation.