Methods of dispute resolution: Negotiation

The number of applications to employment tribunals has increased dramatically. The total number of claims made in 2003/04 was 115,042 – an increase of 16% over the previous year’s total of 98, 617. The tribunal system is overloaded – simple negotiation might be a more effective method of solving your legal problem out of court.

 

This is one of five articles on ‘Methods of dispute resolution’. We also have an article on ‘Employment tribunal procedure’. You can find links to the other articles at the bottom of the page.

 

Simple negotiation is often the fastest, most efficient and simplest way of dealing with your problem. It works especially well if your opposition is a single person rather than a company, organisation or business.

 

The key to simple negotiation is striking a compromise that suits you, that also sounds good to the other party. You persuasion skills are key!

 

Negotiation of course involves dealing directly with the person or organisation that seems to have caused the problem. You can do this yourself, or you can get a representative (such as an adviser or solicitor) to do it for you. Expert Legal Advice can advise you on how best to tackle the issues – how to approach it, where to converse with the other party, what to say, how to appear confident and other aspects which will aid your cause.

 

One of the benefits of negotiation is that you can make the approach at any time. Unlike in other schemes such as court proceedings, where the other party has to agree to the procedure, the other side does not need to agree to take part before you (or your representative) approach them.

 

The process is not binding, although both sides can agree to make a negotiated agreement into a legally-binding contract or order. This contract or order would mean that you could then take the other side to court if they didn’t do what they had agreed to. In some types of dispute, such as medical negligence and housing disrepair, the courts say you must try to negotiate with the other party before applying to court.

 

Most disagreements can be solved through negotiation. A common example is settlement discussions between solicitors. More than nine out of ten legal claims are settled without needing a trial.

 

• Acts for you, and represents your interests;
• Is not independent, and;
• May also advise you about the best course of action.