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Chapter 61: Resolving Impasses in Negotiation

From the Book: Divorce Amicably
This is a chapter summary from Chapter 6 of  Divorce Amicably, a guide to navigating separation with dignity and cooperation.

Chapter 61 Author: Dara Marias

Dara Marias oversees Kainen Law Group's Holistic Divorce practice. Ms. Marias' practice includes three areas: (1) amicable divorce representation, (2) divorce mediation, and (3) holistic divorce education. As a Certified Amicable Divorce Professional with a Specialty Designation in Gray Divorce from the Amicable Divorce Network, Ms. Marias provides non-litigated divorce representation to clients who, together with their spouses, seek to resolve all their divorce issues outside of the court system. Ms. Marias is also Nevada's only Certified Advanced Practitioner with the Academy of Professional Family Mediators.

 

Why Impasses Happen in Divorce Negotiation

One of the strengths of amicable divorce is that spouses make their own decisions instead of leaving outcomes to a judge. Courts often use blunt solutions, but negotiation allows for nuance. Still, disagreements can become deadlocked when each party clings to a strategy rather than the deeper need behind it.

Recognizing this difference—needs versus strategies—is critical. Strategies are the “how” (selling a house, splitting a retirement account). Needs are the “why” (financial security, stability, recognition, or fairness). By focusing on needs instead of defending strategies, spouses open the door to creative compromises that meet both sides’ goals.

Core Strategies to Overcome Impasses

Moving Beyond Stalemates

Impasse is not the end of negotiation. By stepping back, identifying true needs, and practicing empathy, spouses can transform entrenched disputes into solvable problems. The solutions reached often go beyond what courts could ever order—because they are designed by the people who know the family best.

Create Lasting Agreements Through Understanding

Staying stuck in positions leads to frustration, but shifting focus to needs opens the path to resolution. Divorce Amicably shows how couples can overcome impasses with empathy, validation, and creative problem-solving. Order your copy today and learn how to move from stalemate to sustainable agreement.

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