The Dynamics and Strategies of Negotiating an Agreement

SKU: Negotiating

One of the most important provisions of the equitable distribution law is DRL Sec. 236[B][3] which authorizes the parties to opt-out of a judicial determination of their property and support rights in favor of a settlement which they themselves fashion through a process of negotiation. DRL § 240(1-b)(h) permits the negotiated settlement of child support issues as well. Likewise, custody arrangements flow from negotiated agreements more often than they result from judicial determinations. It is well known that the vast majority of matrimonial and family law matters are settled without the need of significant judicial intervention and it is the rare case which must be tried to an adjudicated conclusion. This being the case, the matrimonial practitioner, to be successful, must be a skilled negotiator.

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