12. Negotiation

This involves dealing directly with the person or organisation you have a problem with. You can do this yourself, or you can get a representative (such as an adviser or solicitor) to do it for you.

Negotiation is usually a good first step. It starts with you approaching the other side with details of your complaint and suggestions for how it can be sorted out. 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 would mean that you could then take the other side to court if they didn’t do what they had agreed to.

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.