Getting to Yes: Negotiating Agreement without Giving In

by Roger Fisher

“Look, my client is afraid those child support payments simply aren’t going to be made. Rather than monthly payments, how about giving her equity in the house?” The husband’s lawyer may say, “My client is perfectly trustworthy. We’ll put it in writing that he will pay child support regularly.” To which you might respond, “It’s not a matter of trust. Are you certain that your client will pay?” “Of course.” “A hundred percent certain?” “Yes, I’m a hundred percent certain.” “Then you won’t mind a contingent agreement. Your client will agree to make child support payments. We’ll provide that if, for some inexplicable reason that you estimate at zero percent probability, he misses two payments, my client will get the equity in the house (minus, of course, the amount your client has already paid out in child support) and your client will no longer be liable for child support.”