Occupy Wall Street and Your Divorce negotiation/Martin Rosenfeld

Posted on December 25, 2011

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If 2011 was the Year of the Protester, then much credit must go to the Occupy Wall Street Movement. What did the Movement accomplish? In my opinion, not really anything. However, it did prove the old maxim that if you don’t know where you are going, all roads will take you there. A person involved in a human transaction, or negotiation, needs to know what s/he is seeking to accomplish. I am not sure that the Occupy movement ever got past this stage.
What does this mean for us. We are often involved in negotiations, with children, with business partners, ex-spouses, etc. You need to determine what it is you want, how you can best express your need, and what you are prepared to do to accomplish your goal. I suspect that many parties to a divorce define this all in a simple fashion: I intend to retain the best attorney I can afford. This strategy is perhaps tantamount to the Occupy participants stating that they intend to discuss inequality and inequity. When you enter into a discussion, negotiation, etc., be as specific as you can be. We all want fairness. We all want to be vindicated. We all desire justice. However, to get what you need, you will need to define your needs, and the process you will follow, in order to get a reasonable chance of success. Unsure how to do this. Pursue the course of Win-Win and seek the aid of a trained mediator. You won’t get to be the “Story of the Year” but you will stand a very real chance of getting what you need to be successful in your undertaking. Mediate don’t litigate.

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