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Negotiation

Information about resolving your legal dispute informally, either before or after a court case has started.

About negotiation

Negotiation is when you try to resolve a problem or dispute with another person, informally, by trying to make an agreement. If your problem is a legal dispute, making an agreement through negotiation can mean you don't need to ask a court or tribunal to make a decision for you. You can negotiate by talking to the other people, or by writing a letter, or both.

Negotiation can take place at any time, for example, when a problem first happens, when you are thinking about starting a case, or even after a court case has been started. You can also negotiate an agreement about a whole problem or just part of a problem. There is no right or wrong way to negotiate. There is no right or wrong outcome. The outcome will depend on you and the other party.

Why you should negotiate

There are a number of advantages of negotiating, but there may be situations where it is not appropriate.

​Benefits ​​of negotiating

Negotiation may mean:

  • the problem is resolved faster than going to court
  • it costs less to resolve the problem
  • the process is less stressful
  • you get an outcome you may not be able to get at court, such as an apology.

Negotiation can take place at any time, for example, when a problem first happens, when you are thinking about starting a case, or even after a court case has been started.

When negotiation is not appropriate

There are some situations where negotiation may not be the right option. For example:

  • if there has been violence or threats of violence
  • when one of the parties involved will not agree to negotiate
  • where you need a court order to protect you or to make the other party do something or stop doing something.

If you are not sure if negotiation is the right choice for you, you should get legal advice.

Ways to negotiate

You can try to negotiate an agreement in a number of different ways. No way is right or wrong​. You can:

  • meet face to face
  • talk on the telephone
  • write a letter, email or text.

For more information, see Ways to negotiate about a legal problem.

Preparing to negotiate

Before you begin negotiating with the other party, you should spend some time considering what you are concerned about and what you want to happen. If there are any documents that are relevant to your dispute, you should review them. Good preparation will help you negotiate.

When preparing to negotiate, you should:

  • get your documents and information
  • understand your legal rights
  • think about what you want or need
  • be prepared to listen to what the other person wants or needs
  • consider ways to solve the problem
  • don't be afraid to make an offer.

For more information, see Preparing to negotiate.

Tips for negotiating

When you are ready to start negotiating, you can contact the other party. Remember to stay calm, keep a record of all your contact and don't give up if it gets tough.

For more information, see Tips for negotiating.

Negotiating an agreement

If you and the other party have been able to come to an agreement – great! You should put the terms of the agreement in writing. If a case has been started in court, you may also need to let the court know about the agreement.

If you and the other party have not been able to agree on how to solve the problem, you need to consider what to do next.

For more information, see Negotiating an agreement.

Resolving your dispute

Information about trying to resolve your dispute, including disputes about goods and services, before a court case has started.

Responding to a letter of demand

This step by step guide explains how to respond to a letter of demand if someone is chasing you for money.

Last updated: October 2026

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