Win-Win Divorce Outcomes are Built On Strong Strategies

Win-Win Divorce Outcomes are Built On Strong Strategies

March 24, 2021

The type of negotiating tactic that is used in your divorce will influence the outcome. By understanding how tactics are used, you will be able to select the right method for your family. The two main strategies that are used in divorce are interest-based and positional.

In interest-based bargaining, both parties work together to find solutions that benefit everyone. The point of the process is to make thoughtful and wise decisions. Because you are focused on interests and not positions, the family dynamic is persevered. Instead of using underhanded tactics to conceal and control the outcome, everything is transparent and open. In divorce, mediation and the collaborative method utilize these principles to help the couple peacefully-as-possible uncouple.

In disputes that use positional bargaining, each party is focused on their stance. The goal is total victory and pressure is used to attain the desired outcome. The parties do not work together; rather they entrench in their position and demand the other side makes concessions. Unsurprisingly, the position strategy creates adversarial family dynamics and is tough on those in the middle- the children. Litigated/ traditional divorce is based on the positional negotiating system.

By knowing the building blocks of the structure your divorce process is built upon, you can set yourself up for success from the start!


If you are trying to determine what negotiation strategy is best for you, contact or call 402.430.3092!


This information is for general education purposes; this is not to be considered legal/ tax/ or financial advice.