Negotiation

Rabbit Rule #4: When Necessary, Cut Your Losses

It is safe to assume that, even though the rabbit lived in the brier patch, he did not exactly enjoy being thrown there by his ears. But, given a choice of being thrown by his ears or being cooked in soup, he correctly opted for that which was less damaging. This is what you should do.

Going to court is not all “winning.” Frequently, it becomes obvious that a loss is likely. When this is the case, the issue becomes how to cut the losses. This is especially important when you know more about the weaknesses in your case than the other side does. If, for example, the issue in your divorce is the amount of child support you are to be paid, and you know ahead of time that this judge is notorious for setting low child support, you need to try to settle for something above what the judge is likely to give, even if it is not a fair amount. This is doubly true if, by some miracle, your spouse’s lawyer does not yet know of the judge’s notoriety on this matter. Get what you can get! Don’t wait to be completely trounced. The world already has enough martyrs.

Robin M. Green, Divorce: When It’s the Only Answer (The Ordinary Mortals Guide, Inc., 2005), Chapter 13, p. 195.