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12-05-2012, 03:56 AM
  #373
Beacon
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Nobody talks about great progress unless the parties agreed on all the major issues with the minor details to be decided.

Let me give you an example from my practice. In a divorce case, nobody would say that they made major progress if the parties from being $500k apart to being $120k apart because nobody wants to make it look like the remaining gap is insignificant to them.

On the other hand, if you've resolved the financial issues, the legal reason for the divorce, child support, custody and visitation, etc., but now what's left to decide if "alternate weekends" for the father means week 1 and 3 or week 2 and 4. That would be tremendous progress because whether it's weeks 1&3 or weeks 2&4 is not a huge substantive issue, and given any level of good faith between the parties, there should be a quick settlement.

The bad news is that this can still take weeks more to negotiate if the parties get stubborn. Plus, there are cases when 99% of the settlement is negotiated, and all of a sudden one of the parties throws a hissy fit. However, I doubt this happens here with both parties losing money every day the lockout continues. And unlike a divorce where on each side you have one person speaking for himself, here you have a group of people and if one person throws a hissy fit, the rest of the people will all yell at him.

I expect there to be hockey in 2012.

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