Negotiation, Mediation and Dispute Resolution
Structured negotiation and mediation aimed at resolving disputes commercially, before costs and delay outweigh the amount in issue.
Resolving a Dispute Without a Final Hearing
Most disputes are resolved long before a final hearing, and for good reason. Negotiation and mediation are usually faster and less costly than litigation, and they let you retain control over the outcome rather than leaving it entirely to a court.
Choosing the Right Resolution Process
Not every dispute suits the same process. Direct negotiation, mediation or a formal settlement conference each have their place depending on the relationship between the parties and how far apart their positions are.
Direct Negotiation
Correspondence exchanged directly between the parties, or between lawyers, can resolve many disputes quickly, particularly where both sides want to preserve a working or personal relationship.
Preparing, Settling and Protecting Your Position
Mediation
Mediation involves a neutral third party helping the parties reach their own resolution. It is confidential, without prejudice, and does not bind either side unless and until an agreement is reached and signed.
Preparing Your Position and Evidence
Effective negotiation still requires preparation. Understanding the strengths and weaknesses of both sides, and having the relevant documents on hand, makes a real difference to the outcome achieved.
Settlement Offers and Deeds of Release
A settlement should always be properly documented in a deed of release, setting out the terms clearly and protecting both parties from the dispute resurfacing later.
If the Dispute Does Not Settle
Participating in negotiation or mediation does not weaken your position if the matter does not resolve. Courts generally encourage genuine attempts at settlement, and it remains important to protect limitation periods and other rights while negotiations continue.
How Shah & Co Lawyers can assist
We prepare for negotiation and mediation with the same rigour we bring to a contested hearing.
Negotiation Representation
Direct negotiation on your behalf to reach a workable resolution.
Mediation Preparation
Position papers and preparation for mediation and settlement conferences.
Offer Advice
Advice on offers of compromise and their costs consequences.
Deeds of Release
Settlement documents that properly and finally resolve the dispute.
Enforcement of Settlements
Advice on enforcing settlement terms that are not honoured.
Protecting Time Limits
Ensuring limitation periods are preserved while negotiations continue.
Making the most of mediation
- Attend with a clear understanding of your best and worst realistic outcomes.
- Bring supporting documents rather than relying on memory alone.
- Be open to creative solutions beyond a simple payment of money.
- Ensure any agreement reached is properly documented before you leave.
Frequently asked questions
General information only. Every matter turns on its own facts.
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Learn moreGet advice about resolving your dispute.
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