Negotiation by Mike Gregory
State Bar of Texas - Collaborative Law Course
Dallas, Texas - March 10-11, 2011
John F. Kennedy said, “Let us never negotiate out of fear. But let us never fear to negotiate.” Negotiation: lawyers do it all the time. Lawyers are negotiators. We negotiate with ourselves, family members, sales people, law partners, clients, opposing lawyers, unrepresented opposing parties, mediators, judges and others. “Kids play their parents off each other. Whether you’re arguing with your spouse, buying a car, or selling a product or a house, you’re negotiating. Yet few have ever learned the strategies and techniques of effective negotiation. Even fewer have mastered them.” Martin Latz, Gain the Edge! Negotiating to Get What You Want (New York: St. Martin’s Press, 2004). Most of the time these negotiations are haphazard, without adequate preparation.
Collaborative Law and Probate
After the death of a loved one, settling the estate can be a stressful and trying time. Often times hurt feelings from the past can resurface. Questions regarding the will may arise. The collaborative process promotes trust and objectivity in negotiations and minimizes conflict. Instead of the "win at all cost" mentality of traditional litigation, the collaborative process offers a cost effective and less emotionally charged way to settle probate issues.