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44 Fam. Ct. Rev. 612 (2006)
WHAT FAMILY LAWYERS ARE REALLY DOING WHEN THEY NEGOTIATE

handle is hein.journals/fmlcr44 and id is 612 raw text is: WHAT FAMILY LAWYERS ARE REALLY DOING WHEN THEY NEGOTIATE Andrea Kupfer Schneider* Nancy Mills How should lawyers negotiate? This article outlines an empirical study of how lawyers rate each other in negotiation behaviors. After discussing what skills are needed for effective negotiation behavior, we then look more closely at how family lawyers in particular are negotiating. Examining some troubling data, we find that family lawyers appear to be more adversarial and less problem solving than other types of practitioners. We conclude by discussing why this might be so and what the family law bar and family law professors should be doing in the future to address this problem. Keywords: negotiation; ethical; ethics; skills; lawyers; family law; effective As discussed in this symposium, how lawyers negotiate on behalf of their clients is a crucial part of being an effective family lawyer. The data found in the Family Law Education Reform (FLER) Project Final Report' and accompanying survey2 demonstrate the importance of a set of skills necessary to negotiation of family law disputes. These skills include listening, setting realistic expectations for clients, problem solving, and collaboration.3 As this article shows, however, what lawyers actually think should happen-as demonstrated in Hedeen & Salem's study-versus the reality of what actually happens can be quite different. We review data for family lawyers and how they negotiate based on a larger study of how lawyers negotiate.4 The first part of this article explains briefly the general results of the study and findings for what makes an effective negotiator. The second part of this article explains the data for family lawyers in particular and points to some troubling differences between family law and other areas of practice. The concluding section explores these differences and suggests their implications for both family lawyers and those who teach them. I. NEGOTIATION STUDY In 1976, Professor Gerald Williams studied lawyers' approaches to negotiation through a mail survey to about 1,000 attorneys in Phoenix. His seminal study found two kinds of styles-c ooperative and competitive.6 Twenty-five years later, this research seeks to revisit these two approaches and determine whether there may be more than just two negotiation styles. The methodology used was similar to Williams' study-sending surveys to attorneys and asking them to describe and evaluate the lawyer with whom they had most recently negotiated-whether or not that particular dispute was settled. The updated study added new adjectives based on negotiation literature, so that the number totaled 89, and it used 60 bipolar pairs (descriptions of opposite negotiation behaviors). The study also included Correspondence: andrea.schneider@marquette.edu or nmillsesq@yahoo.com FAMILY COURT REVIEW, Vol. 44 No. 4, October 2006 612-622 c 2006 Association of Family and Conciliation Courts

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