Negotiations

From Matthew’s interview for the Masters of Family Law series on ReelLawyers.com

The vast majority of divorces and family law cases in Minnesota – around 97% – do not go to trial. The reasons for this vary:

• Some cases are resolved by default as the person never participated. 
• Other cases are resolved because one of the parties ran out of money. 
• Sometimes a person agrees to any terms because they just want it over
• And some savvy litigants settle because they were able to get what they wanted

In settling family law matters without going to trial, you won’t get what you deserve – you will get what you negotiate. Even in mostly amicable divorces, custody, and parenting time cases, if you don’t want to be left with the short end of the stick, you will need to execute a smart negotiation strategy.

You Only Get One Chance to Do This Right 

There are no do-overs in family law. You can’t start over. And while you could go back to court in a few years to try to fix a bad custody or divorce decree, the laws for decree modifications are different and much more difficult than when establishing custody, spousal maintenance, and child support. Some issues, such as the award of the house, division of retirement, non-marital claims, and debt assignment, are permanent once ordered. There are no second chances to get this right. 

The Stakes Are High

This is not negotiating a car or house purchase. The outcome of your case will affect the rest of the years of your children’s upbringing. The manner in which support and property division goes will have consequences for years and sometimes into retirement. With important issues such as custody, division of assets, spousal maintenance, child support, and assignment of debt, there are no bigger negotiations. 

The Opposition Could Not be Worse

Who is the one person who knows your weaknesses, knows how to push your buttons, and has the emotional history to make the process as difficult and the outcome as doubtful as possible? It is likely your ex, and that is a disadvantage. No matter what factors led you to seek a divorce or child custody agreement, there are sure to be intense emotions surrounding you and the other person, making it difficult to think clearly about your situation. 

There is a Solution

If you recognize your circumstance in the factors above, you need to bring your A-game. You need someone who knows how to position and negotiate the circumstances to foster the outcome you need. 

Trusting an experienced attorney to negotiate on your behalf can greatly reduce the stress associated with your case. The uncertainty that many clients feel at the beginning of their case is eliminated once they are confident that they have an advocate on their side.

Matt Ludt is one of a few attorneys in Minneapolis and Saint Paul to have attended elite negotiation seminars. This includes the 2-day Chester Karrass Effective Negotiation program, the most successful negotiation seminar in the United States. Matt has built Atticus Family Law by hiring and training other skilled trial lawyers so that they are prepared to apply these negotiation strategies and techniques to each case they handle.

The negotiation starts as soon as your case begins. Contact us to schedule a consultation.