Negotiations can take place in advance of, or in parallel to, the court process. Although negotiation between the parties themselves can be a helpful way to narrow issues and to gain insight into one another’s positions, it does pose a number of hazards. For example, one party might agree to something unfavourable, or that is not in accordance with their legal entitlement.
Solicitor-led negotiation is likely to lessen hostility, in comparison to direct negotiation between the parties. It can provide a more formal framework for discussions (for example, through the exchange of open or without prejudice offer letters, or round-table meetings) and ensures that the parties are aware of their legal entitlements.
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