Ciancio Ciancio Brown, P.C.
Main Menu Office/Contact

Leaders in Litigation

The basics of 'interest-based' negotiation in a divorce

divorce.jpg

Positions are black and white. Interests are multi-colored. That's how Wendy Paris puts it in a post on Psychology Today, in which she discusses the essential benefits of "interest-based" negotiation in a divorce, in which the parties in a divorce vocalize and pursue their interests rather than take positions.

"Think of interests as the engine, the motivation, the impetus driving a position," Paris writes. "They are expressed as goals, fears, reasons, concerns."

It's certainly okay to take a position, though it may be wise to focus on interests. Negotiating from the perspective of your interests is likelier to lead to greater satisfaction after divorce. As stated in the first two sentences of this post, positions are black and white, whereas interests are multi-colored. An interest can help define a position, perhaps even revise or eliminate it, which may save time, money and heartache down the line.

Paris gives the example of a divorcing couple negotiating over what to do with the SUV. In the example of a position, one party might state that she wants the SUV as part of the settlement. However, if this same party negotiates from the interest perspective, she might evaluate and explain why she wants the SUV (for example, to haul around the kids, if she has primary custody).

Interest-based negotiation, as opposed to position-based negotiation, may lead to better outcomes, though this comes with a word of warning: Every situation is different, and a particular approach or strategy is never one-size-fits-all - especially when it comes to divorce.

Read more: How to Have a Good Divorce: Try Interest-Based Negotiation

Email us your case details

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Ciancio Ciancio Brown, P.C.
390 Interlocken Crescent,
Suite #350

Broomfield, CO 80021

Broomfield Law Office Map

Ciancio Ciancio Brown, P.C.
Downtown Denver Office
1660 Lincoln Street
Suite #2045
Denver, Colorado 80264
Downtown Denver Law Office Map

Ciancio Ciancio Brown, P.C.
Uptown Denver Office
1741 High Street
2nd Floor
Denver, Colorado 80218
Uptown Denver Law Office Map

Privacy Policy | Business Development Solutions by FindLaw, a Thomson Reuters business.