Until recently, if you had a legal problem, you would have gone to court or a tribunal. Today there are other methods of resolving disputes. What the best method is depends entirely on your circumstances and the result you want. Expert Legal Advice can help you by helping you to choose the best method of resolving your issue depending on your personal needs.

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.

Negotiation is different from conciliation and mediation in that the person negotiating for you:

• acts for you, and represents your interests;
• is not independent; and
• may also advise you about the best course of action.

Ask Expert Legal Advice for more help.