Why try negotiation
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.
Case study
 Case study - Hannah and Jeremy
Hannah borrowed $1000 from her friend Jeremy. She had bills to pay and had lost her job. She could not pay him back so she offered to do some work around Jeremy's house at a rate of $20 per hour. Jeremy agreed. Hannah has done work to pay $800 off the loan but recently received a Statement of Claim from Jeremy for the full $1000.
Hannah has filed her Defence in court and Jeremy has now written to Hannah offering to accept $500 from her to finalise the case.
Hannah is not sure what to do
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For more information, see
Ways to negotiate.