What is lawyer negotiation/litigation?
Litigation is the traditional legal process. Both spouses hire lawyers who provide legal advice and advocate the positions of their clients in negotiations and court hearings. The spouses generally communicate through their lawyers regarding their positions, proposals, and counter-proposals. Negotiation occurs in the context of the court process. In the traditional court system, the spouses are seen as adversaries and rules of evidence and formal procedures must be followed. The spouses and lawyers may turn to the court to make decisions if resolution is not reached on all issues. Most negotiations occur against the backdrop of potential court intervention and judicial decision-making and within the limitations of what a court could order. The lawyer negotiation/litigation process may use formal legal procedures, known as discovery, to obtain financial and other relevant information. Discovery may include the use of depositions (a formal taking of testimony before a court reporter), in
