What Family Lawyers are Really Doing When They Negotiate

16 Pages Posted: 25 Jul 2006  

Andrea Kupfer Schneider

Marquette University - Law School

Abstract

How should lawyers negotiate? This Article outlines an empirical study of how lawyers rate each other's negotiation behaviors. After discussing what skills are needed for effective negotiation behavior, the Article then looks more closely at how family lawyers in particular are negotiating. Examining some troubling data, this Article finds that family lawyers appear to be more adversarial and less problem-solving than other types of practitioners - even though their field of law, which involves emotion-laden disputes and ongoing relationships, seems to call for more problem-solving and a less adversarial approach. This article concludes by discussing why this might be so and what the family law bar and family law professors should do in the future to address this problem.

Keywords: Negotiation, ethical, ethics, skills, lawyers, family law, effective

Suggested Citation

Schneider, Andrea Kupfer, What Family Lawyers are Really Doing When They Negotiate. Marquette Law School Legal Studies Paper No. 06-29; Family Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=920505

Andrea Kupfer Schneider (Contact Author)

Marquette University - Law School ( email )

Eckstein Hall
P.O. Box 1881
Milwaukee, WI 53201
United States

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