Litigating a dispute in court can be stressful for all those involved, not to mention a time consuming and costly process. Even if the case is decided in your favour, remedies ordered by the Court are often limited in scope. As such, it may be a better option to consider alternative methods dispute resolution which are more efficient before heading to Court. It is recommended that negotiation is attempted as a first step.
Negotiation is the most flexible dispute resolution method as parties have more say in how they will resolve their conflict. The issues brought forward in a negotiation are not restricted to concerns that give rise to a legally recognised cause of action.
Negotiation can take place either between the parties with the presence of their legal representatives alone, or with the assistance of an independent third person. Offers made during a negotiation can go beyond monetary tokens and include promises to perform certain actions, confer certain benefits, or refrain from certain behaviour.
Things said and offers made during a negotiation meeting is without prejudice, which means that they cannot be relied upon in Court at a later time as evidence.
The outcome of a negotiation is not legally binding, but offers and terms agreed to in negotiation can be made into a binding written agreement to be signed by the parties. A discharge can also be signed to assert that no further action will be taken by the parties against each other in the matter.
Although negotiation can be comparatively informal, having legal representation can ensure your interests are maximised. Straits Lawyers understand that negotiation is a collaborative exercise and an opportunity for you to decide what outcome you want to achieve.
If you have any queries or would like us to represent you in a negotiation, please do not hesitate to contact us through firstname.lastname@example.org or call us on 8410 9069.
Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.