Negotiated Settlement

 If a couple opts for an attorney-negotiated settlement, each party hires an attorney to represent them.

The clients negotiate what they can, and the attorneys negotiate with each other on the outstanding issues in order to reach a settlement. They contact their clients as necessary. Sometimes, four-way meetings are held.

With attorney-negotiated settlements, Friend of the Court often interviews each spouse and holds hearings. It's also possible that an expert will be called in to perform a custody evaluation.

Advantages of attorney-negotiated settlements:

• The attorney is present to advise every step of the negotiations.
• Clients who worry about standing up for themselves can have attorneys speak for them.

Disadvantages of attorney-negotiated settlements:

• The expense is higher than self-negotiated or mediated cases.
• Attorneys will color the negotiations with their perspectives. Clients must listen carefully to assure that the attorney is accurately stating their positions.
• It's more time-consuming and inefficient: The client has to call the attorney, who calls the other attorney, who then calls the other client. The process then repeats in reverse.
• Clients rely on attorneys to check details and are, therefore, less involved.
• Clients often don't feel ownership of the settlement.