Negotiation allows you both to anticipate the crisis you could find yourself in if you have a persistent disagreement with the other party (I), and to defuse the conflict in order to resolve it amicably rather than resorting to a judge (II).
Detailed answer
Anticipating conflict through negotiation
Managing your family involves intimacy, emotions and life paths. When a conflict erupts, it is often too late. Yet, with prior advice, certain tensions could have been avoided or mitigated through negotiation.
Our role is not to direct your decisions, but to give you the keys to understanding and the legal tools to preserve and reconcile your interests without setting them against each other, and to ensure the legal security of your decisions, with a view to a lasting and peaceful future.
As a family lawyer, I am at the heart of separations, blended families and transfers of wealth: I have all the skills needed to inform your choices upstream, before difficulties escalate into a painful crisis for the couple, the children or those around them.
It is precisely because we understand the workings of family conflicts that we do everything we can to avoid them.
Like a family doctor, we take preventive action. Property and family choices are not legally neutral: they shape the future and can lead to disputes with serious consequences.
Amicable resolution of conflict through negotiation
Negotiation is in the DNA of the legal profession: it is a professional practice that favors amicable resolution over judicial resolution.
Negotiation has many advantages:
- It is faster than a trial, which is often long and costly;
- It is confidential, sheltered from the publicity of court decisions;
- It allows for a tailor-made solution, adapted to the real needs of the parties;
- It avoids the uncertainty of litigation (aléa judiciaire), i.e., the uncertainty associated with a court decision;
- It preserves relationships, particularly in family contexts;
- It makes it easier for the parties to accept the agreement, and therefore to comply with it voluntarily.
This is why I implement a comprehensive strategy that includes prior amicable negotiation and, failing agreement, a litigation strategy should the matter be referred to the judge. Seeking an amicable agreement is always the preferred approach.
Maître Gaëtan Escudey is a crisis management negotiator trained in principled negotiation (négociation raisonnée). He is available to conduct your negotiations in order to anticipate your conflict and resolve it amicably while preserving your interests.
This general information does not replace a consultation: each situation requires individual assessment.
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