Tag Archive for: settlement

A Stormy Divorce

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Some people going through divorce will find anything to argue about.  Stephen Benson, a 64 year old investment banker, settled his divorce with his wife of three years, Kim Charlton, 56, a former model.  He agreed to pay her $365,000.

But when she removed a $150 copper weather vane from the top of their $4 million mansion, he claimed she damaged the house and refused to pay her until she returned it.

Charlton lugged the bulky weather vane to court as Exhibit A.  She pointed out the four screws she hired a worker to detach.

The Judge ordered Benson to pay the $365,000 immediately and let Charlton keep the weather vane.

/by James J. Gross

Negotiation Tip — Get Specific

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Sometimes I draft a Separation Agreement, send it to the other side, and receive a response that says “My client rejects your proposal.”

Or the other side will send me a proposal and my client says, “It’s ridiculous.  I don’t like anything about it.”

Both responses leave something to be desired in moving the case forward.  So my reply is always, “What, specifically, don’t you like about it?”

This simple question seems to disengage emotion and engage logic.  Once I get the other side, or my client, going through the document item by item, we can discuss options, concessions and counterproposals.  I put these in a letter to the other side and we can then focus only on the objections, which narrows the issues to be negotiated.

/by James J. Gross