Why Negotiate? 

Sometimes mediation is appropriate. Sometimes litigation is necessary. Sometimes there is the in-between. The trick is to treat your divorce action as a business deal. Keep the emotion out of it. 

Even if you are in mediation, you are still engaged in negotiation. The difference is that you are your own negotiator in mediation.

During a negotiation, it would be wise not to take anything personally. If you leave personalities out of it, you will be able to see opportunities more objectively.
—Brian Koslow

Negotiation is an extremely flexible way to settle your divorce action. The can take place in or out of court, before or after a divorce action is filed, after mediation didn't work, without or without your presence. What am I talking about? I've negotiated in the courthouse hallways, in the courtrooms, in conference rooms, on the phone, over the computer, via email . . . I've negotiated after the parties tried mediation, before either party filed a divorce action, after the action was filed and before the court date was scheduled, and continued to negotiate at the courthouse up to trial dates, etc.

Most divorce actions and family court actions settle because settlements are usually more advantageous than risking the court's decision.

​Even if your case is being litigated or mediated, be prepared for negotiation.