Negotiation Process in Divorcing Spouses

Negotiation in a legal context is more challenging than any other because it affects the outcome of the litigation. For divorcing spouses, the topic of moral and ethical behavior and resolving the property division dilemma comes up (May, 2018). The issue of dividing the household and responsibilities for children, how child support is paid, and the nature of meetings between parents and children is not lost on them. Complex situations raise the issue of handling divorce while maintaining an amicable relationship between former spouses. The circumstances process influence the context of a spouse’s case with adjustment problems, the presence of other factors such as children (Ferrari et al., 2019), unemployment and poverty (Lin & Brown, 2021), and the personal relationship between spouses (Quek Anderson et al., 2022). Each factor should be considered as part of society and as part of the family relationship.

Qualitative research methods will be used to test each of the three hypotheses. It will be best to apply the functional analysis method based on establishing the function of each attribute and their interaction with each other. Future work will likely consist of a literature review of each subtopic (Lande, 2018). The simulated functional analysis will then establish the value of each factor in the divorce process that is part of the negotiation regulation problem. It is expected to establish negotiation tactics when children, finances, and personal conflicts are involved.

It is essential to consider and separate each category and to determine the nature of each factor’s impact on the outcome of the negotiation. The factors will affect the emotional side of the negotiation, the potential for communication when personal conflicts and shared finances are present, and trust between participants regarding children and finances (Ferrari et al., 2019). The study’s results will recognize conditions predisposing to successful negotiation outcomes in the presence of issues regarding shared children, finances, and personal interactions.

References

Ferrari, G., Bonnet, C., & Solaz, A. (2019). ‘Will the one who keeps the children keep the house?’ Residential mobility after divorce by parenthood status and custody arrangements in France. Demographic Research, 40, 359–394. Web.

Lande, J. (2018). Overcoming roadblocks to reaching settlement in family law cases. Family Advocate, 40(3), 26–29. Web.

Lin, I. F., & Brown, S. L. (2021). The economic consequences of gray divorce for women and men. The Journals of Gerontology. Series B, Psychological Sciences and Social Sciences, 76(10), 2073–2085. Web.

May, S. C. (2018). Compromise in negotiation. Nomos, 59, 150–166. Web.

Quek Anderson, D.,Chua, E., & Ning, Y. (2022). To negotiate, mediate or litigate? Examining the durability of divorce outcomes in the Singapore family courts. Family Court Review, 60(3), 1-24.