Solicitor-led negotiation is a process that enables us to be your voice. We will have discussions on your behalf, make proposals, negotiate and try to resolve matters for you. We find our clients often prefer us to be involved as it shows your ex-partner that you are serious about resolving matters and provides you with the support and guidance you need to navigate the various issues that need to be addressed.

How does solicitor negotiation work?

There are many ways in which a solicitor can help with negotiations; some are listed below:

• In writing - exchanging letters with the other side on your position and detailing offers that you may wish to make/accept.

• By telephone - we can speak directly to your ex-partner or their solicitor if they have legal representation.

• By having round table meetings - both you and your ex-partner are in the same room but sit with your respective solicitors. If you are uncomfortable with being in the same room as your ex-partner or if there is a history of domestic abuse, we can sit you and your ex-partner in separate rooms and we will shuttle between you and your ex-partner’s solicitor. At Birkett Long, we like to make sure our clients are as comfortable as they can be during negotiations.  

• By attending and/or advising alongside alternative dispute resolution methods (ADR) such as family mediation, arbitration or collaborative law - these are options that allow you to avoid contested proceedings at court. At Birkett Long, we are always happy to consider ADR if we feel that negotiations are likely to be more fruitful in a different environment.

It is not unusual to adopt a hybrid of the above methods.

What are the advantages to solicitor-led negotiation?

There are many advantages to solicitor-led negotiations but a few are listed here to help you decide if this might be for you:

• You have the benefit of immediate legal advice whilst negotiations take place. This means that your ex-partner or their solicitor cannot confuse or overwhelm you. We always provide legal advice in a manner that suits our client.

• More often than not, solicitor-led negotiations result in an early agreement (as opposed to going through a lengthy court process and waiting for a final order to be made). This can save you the stress of lengthy contested proceedings as well as a great deal of money.

• You remain in control the entire time but we help keep emotions in check so that you can make informed decisions. We will negotiate in an amicable manner as we do not want to unnecessarily inflame the situation – especially as we appreciate that our clients have lives to lead after their case has concluded, which often involve their ex-partner in some manner.

• There is less room for misunderstandings if a round-table negotiation is taking place as you can clear the air there and then, without losing sight of the purpose of why you are there. It also minimises the risk of misconstruing the other side’s comments.

When do I instruct a solicitor to assist with negotiations?

Getting advice at an early stage is crucial, even if you decide to have some direct discussions in the first instance. If you find that direct negotiations are getting you nowhere, appointing a solicitor to assist you is likely to be far more cost effective than issuing court proceedings.

Speak to a specialist family solicitor 

At Birkett Long we give you advice and guidance from the very beginning, perhaps even before you have told your partner you wish to separate. This does not mean that we cannot assist you during the course of proceedings or, in some cases, after a final order has been made. Sometimes, we will only assist with a particular point in a dispute and then allow our clients to continue negotiating directly. This is often particularly helpful when dealing with financial matters.

Our family lawyers are specialists and some undertake collaborative family law. To find out how we can help please contact us for a free 15 minute consultation.