Negotiation

Negotiation is where you or your solicitor try to agree how to resolve the dispute with the other party.

When should you use negotiation?

Most legal cases are resolved through negotiation, and it is generally beneficial to try this route before making a court claim.

Negotiation is far less formal than court proceedings. You and the other party decide the outcome of your dispute yourselves. Negotiation can be used before a court claim, or even after starting the claim and before the court makes its decision.

When is negotiation not suitable?

Negotiation may not be suitable if the time limit for making a claim is very close, or if a legal decision is needed because the law is unclear. Even so, there would be opportunities to negotiate up to the time the court makes its decision.

What's the difference?

The difference between negotiation and mediation

In negotiation, solicitors act for their clients to broker a solution, whereas in mediation a neutral mediator works with all parties (who may each have their own solicitors) to assist them to reach a solution. Mediation may be used where negotiation has reached deadlock.

The difference between negotiation and collaborative family law

Solicitors engaged to help in family cases usually try to negotiate a solution, but if that doesn't work they may represent their clients in a court claim. In collaborative family law, the parties agree to try to reach a solution without going to court and, if they can't, the specially trained solicitors they use are not allowed to help with a court claim.

How can a solicitor help?

It's not essential to use a solicitor for negotiation, but it is common. Many people prefer to use a solicitor to negotiate on their behalf because solicitors are familiar with the technique, have legal training and are highly regulated. Solicitors usually try negotiation before advising you to go to court, and they can also advise on other methods of resolving disputes.

Even if you choose to do the negotiation yourself, you should seek legal advice so that you know your legal position, which may be complex. Remember that the other party may be using a solicitor.

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Is there any cost associated with negotiation?

Solicitors must explain at the outset the likely cost of negotiation, and how it compares with going to court. They must also advise you about help with paying your legal costs through legal aid.

Will agreeing to negotiate undermine a court claim?

No. Judges expect people to try to resolve their disputes before going to court. Solicitors negotiate 'without prejudice', which generally means that anything discussed in the negotiation cannot be referred to in court, although the parties will of course be aware of what has been revealed.