Settling disputes—negotiation strategy

Produced in partnership with Helen Swaffield of Contract Law Chambers

Practice notes

Settling disputes—negotiation strategy

Produced in partnership with Helen Swaffield of Contract Law Chambers

Practice notes

This Practice Note considers how to adopt a negotiation strategy including tips on fact management, client objectives (including the best alternative to a settlement ), evaluation of your counter-party’s position, negotiation tactics and whether to start with a settlement offer or settlement discussion.

For guidance on who should be involved in settlement discussions and issues of Confidentiality and ‘Subject to contract’ see Practice Note: Settling Disputes—who, confidentiality and subject to contract. For guidance on assisted forms of settlement process, see Practice Note: What is ADR? and related content.

For guidance on making offers and documenting a settlement, see Practice Notes:

•
Settling disputes—settlement offers (Calderbank, WPSAC and Part 36)
•
Settling disputes—how to document a settlement

and related content.

Settling disputes—an early strategy for settlement

Part of the process of litigation is the exchange of information under one of the specified pre-action protocols or (if none applies to the claim) under the Practice Direction Pre-Action Conduct and Protocols. The Letter of Claim and Letter of Response enable the parties to make progress in identifying the