Beyond the Apartment: A Family Negotiation Case Study

This article is a descriptive case study of a family law negotiation. It outlines how an initially distributive conflict over an apartment residence evolved into a negotiation about the ownership rights and interests in the property and its usufruct, and how the parties attempted to create value in the property. The conflict was analyzed through the interests versus positions of the parties, their BATNA and ZOPA, and through the prism of integrative negotiation. The study also analyzed how the parties tried to create alternative settlement options and how negotiating through legal representatives created problems for the negotiation. The study uncovered the reasons for the deadlock despite the parties’ willingness to negotiate.