FACTS

1. James and Emma were married ten years ago and they separated two months ago.
2. James, 35, is an insurance agent and Emma, 32, is an elementary school teacher and
have two kids: Samantha (age 7) and Kenneth (age 5).
3. They own a 3-unit apartment building on Britvale Street and the family home (on
Hargett Street).
4. The finances are still combined with income going into and expenses coming out of
their joint accounts.
5. Emma is now living in the family home (on Hargett Street) with the kids.
6. James is temporarily living with his sister, Louise.
7. The kids spend some overnights at Louise’s house. The kids on average spend about
one overnight per week with James. The kids sleep in the living room, a situation that
everyone agrees is not ideal.
8. James wishes to sell both the properties and use the sales proceeds so they could each
buy their own home.
9. Emma wishes to retain the family home and live there with the kids.
10. James has agreed with the kids living with Emma for the time being but, if he can’t
have a living arrangement and property division that he finds suitable, he will ask for
joint physical custody and a reduced child support obligation.

ISSUES

1. To create a suitable agreement for division of property and debts.

2. To discuss about the child support, and child custody and visitation rights.
3. To discuss about the issue of maintenance.

CONFLICTING INTERESTS AND CONFLICTS

1. James wants to sell both houses and use the cash to buy a different house, but Emma wants to
maintain the family home.

2. Emma wants adequate child support even if James wants to minimise it, even though she does
not want to seek maintenance.
3. If James requests are not fulfilled, he wants visitation and joint custody rights.

UNDERLYING INTERESTS OF JAMES

During the negotiation, James wants to achieve the following goals:

1. To sell the family home as well as the other apartment they own at Britvale Street and use
the sale proceeds so that each one of them can buy a separate house. – [Liberty Interest,
Financial Interest].
2. If the living arrangement and property division is not suitable as per his conditions then he
wants joint physical custody and reduced child support obligation. – [Performance Interest;
Relationship Interest; Financial Interest].

POWERS OF JAMES

1. The family house is an acquired property that belongs to James thus he has a say in sale of
the house and how the proceeds should be used.
2. Since Emma is financially capable of sustaining herself, no question of maintenance arises
and also even for child support the same has to be given sufficient consideration.
3. James has more power and knowledge when it comes to finances because he always
handled the finances in the marriage and Emma had little to do with it.