Negotiation Services for ADR

Negotiation is a highly effective method of alternative dispute resolution (ADR) that allows businesses to resolve disagreements without resorting to court proceedings. It involves direct discussions between parties, either in person or in writing, with the aim of finding a mutually acceptable solution to their issues. This approach to alternative dispute resolution is often beneficial for maintaining commercial relationships and achieving quick resolutions.

The team at JMW Solicitors specialises in facilitating these negotiations. Our experienced team guides clients through the negotiation process, providing advice and support to ensure that their interests are effectively represented. Whether negotiating on behalf of clients or assisting them in direct discussions, our focus is on achieving the best possible negotiated agreement, while minimising conflict and legal complexity.

To find out more about our negotiation services, contact us today by calling 0345 872 6666, or fill in our online enquiry form to request a call back.

How JMW Can Help

At JMW Solicitors, we are highly experienced in guiding our clients through all types of negotiations and focus on serving our clients’ best interests. We can assist you in deciding how you wish to approach negotiation, how best to prepare for negotiation (including providing advice on specific tactics and techniques) and focus on how to get the most out of the negotiations.

Each case has its own unique features and complexities, and the objectives sought at negotiation will differ from client to client, depending on the intentions of the parties involved. For example, some clients may seek to maintain the relationship with the other party; to resolve only some of the issues between the parties; to make very little concession; or to accommodate compromise and reach a negotiated agreement as early as possible in order to focus on more important matters.

Whatever the situation or solution sought, our solicitors can offer support and representation throughout all negotiations in your matter, and will swiftly identify your specific priorities and objectives for those negotiations. In this way, we can help you to develop a clear strategy for settlement in order to reach the best possible outcome, notwithstanding the technical legal issues in dispute, and effectively manage any risks.

In the event the disputing parties are unable to settle through negotiation, we can advise on the suitability of other dispute resolution methods to find an approach that is aligned with your commercial interests.

Meet Our Team

We help you navigate the negotiation process, providing expert guidance and representation to achieve a resolution that aligns with your interests and minimises conflict.

What Is Negotiation in ADR?

Negotiation is a widely used form of alternative dispute resolution that helps resolve disputes effectively and efficiently outside of court proceedings. This dispute resolution method typically involves two or more parties who are directly involved, or their solicitors, communicating to explore common interests and resolve disputes through mutual understanding and agreement. By aiming for a negotiated agreement early in the dispute resolution process, parties can avoid the time, cost and complexity often associated with formal court proceedings.

Negotiation involves direct discussions between the parties, or solicitors may act on behalf of the parties to facilitate communication and represent their interests. Alternatively, parties can negotiate directly while keeping solicitors available to advise on the legal considerations, ensuring a fair and informed outcome. The approach chosen often depends on factors such as whether the relationship between the parties has broken down, the nature of the dispute, and the parties’ preferences.

There are no formalities associated with negotiation, and therefore parties can set their own ground rules and timelines, making the process flexible. Negotiations often take place on a ‘without prejudice’ basis, which means that anything said during negotiations cannot be mentioned to the court. Therefore, parties are able to explore settlement options and can agree terms of settlement that suit them best, without making formal concessions in any ongoing court proceedings. Unlike court decisions or other processes like expert determination or early neutral evaluation, a negotiated agreement allows all involved to have greater control over the outcome, as well as certainty of outcome. The effectiveness of negotiation depends significantly on the willingness and cooperation of each party.

What Are the Advantages and Disadvantages of Negotiation in ADR?

Negotiation is a strategic and beneficial approach to resolving disputes through alternative dispute resolution and provides several distinct advantages over traditional court proceedings. These include:

• Cost-effectiveness: Negotiation services are generally more cost-effective than formal court proceedings, avoiding court fees and reducing the associated legal costs.
• Time efficiency: The negotiation process typically enables quicker resolutions, avoiding the lengthy waiting periods and scheduling constraints associated with court proceedings.
• Flexibility and control: Negotiation provides parties with greater control over the outcome, allowing for tailored, creative, and mutually beneficial settlement agreements to be reached to suit the unique circumstances and interests of the parties involved. The outcome at negotiation can be much more flexible than the more fixed outcomes associated with court proceedings. For example, in negotiation, parties often make concessions in respect of payment dates, sums to be paid, service levels, completion of outstanding items, termination provisions and much more. 
• Confidentiality: Negotiations are conducted privately, ensuring that any sensitive information stays out of the public domain if the parties agree it should remain confidential, unlike the disclosures required in formal court cases.
• Leverage: a party with a strong position in the dispute can use it as leverage in negotiations to achieve an early resolution.  
• Preservation of relationships: The informal nature of negotiation facilitates collaboration, and may help to preserve business relationships in the long-term.

As with all forms of alternative dispute resolution, negotiation has specific pros and cons depending on the circumstances. Potential disadvantages may include:

• Dependency on willingness to engage: The effectiveness of negotiation depends heavily on the genuine willingness and cooperation of both parties to engage in the process. If one party is reluctant or uncooperative, achieving a successful outcome can become challenging.
• Potential imbalance of power: Without the formal structure of court proceedings or involvement of an independent third party, a weaker party may find themselves at a disadvantage during negotiations.
• Lack of guaranteed resolution: Negotiation does not always guarantee a legally binding resolution, and there is no neutral third party involved to determine the outcome. Unsuccessful negotiations can sometimes lead to further dispute resolution methods such as mediation, but where settlement is not achieved, the parties may have to ultimately resolve the dispute through litigation.

At JMW Solicitors, our negotiation lawyers use their extensive expertise and experience to maximise these advantages and minimise potential drawbacks. We are dedicated to resolving our clients' disputes on the most favourable terms, while aligning their commercial objectives and interests, with the need for enforceability in the event a party defaults on the terms agreed.

How Can a Solicitor Assist with ADR Negotiation?

A solicitor specialising in ADR negotiation can provide valuable assistance throughout the negotiation process. Their role typically includes providing:

• Expert advice: Solicitors offer informed pre-negotiation guidance on the strengths and weaknesses of each party’s position, helping to identify the best alternative solutions and manage client expectations effectively before entering into any negotiations. Such guidance includes various considerations such as our client’s prospects of success, their best and worse-case scenarios, and the costs of any associated litigation if the matter cannot be resolved through ADR. 
• Facilitation: By acting as intermediaries, negotiation lawyers can facilitate clear communication between disputing parties, reduce the risk of misunderstandings and keep discussions productive and focused on reaching an agreement.
• Legal expertise: Solicitors ensure that negotiated agreements are comprehensive and legally watertight, addressing all relevant legal considerations and reducing the risk of future disputes or misunderstandings arising.
• Strategic representation: Solicitors can strategically represent their clients’ interests during negotiations (within the parameters permitted by the client), advocating effectively to achieve the most favourable outcomes.
• Document preparation: Solicitors draft and review settlement agreements and set terms that are clear, enforceable, and fully reflect the intentions and agreements of the parties involved.

By engaging experienced negotiation lawyers, parties can enhance their chances of achieving a fair, efficient, and satisfactory resolution to their disputes through alternative dispute resolution methods.

Why Choose JMW?

JMW Solicitors’ commercial litigation team has received recognition from prestigious legal rankings such as the Legal 500 and Chambers & Partners guide, underscoring our commitment to delivering exceptional customer service and successful outcomes for our clients.

Our negotiation services stand out for their client-centric approach. From the initial consultation through to the successful resolution of your dispute, our team will provide expert advice and tailored negotiation strategies that align with your goals, to reach the best possible outcome for you.

At JMW, we take pride in our clear and effective communication skills. Navigating the more complex aspects of negotiation can be challenging, but we will demystify the legal terminology and processes, to keep you fully informed and confident at each stage of the negotiation.

To learn more about our successes, take a look at our case studies page here.