1: Negotiation, 2: Costs

Question 1

1:What is negotiation?

Answer 1

• Negotiation involves discussions between parties and sometimes their legal representatives. Facilitated negotiation, is a negotiation with a third party.
• if a party does not want to negotiate, if the claims of one party are unreasonable or if there is a significant power imbalance, negotiation is unlikely to succeed.

Question 2

What are the benefits of negotiation?

Answer 2

• the cost, time and stress involved in civil action is avoided.
• the parties have some control over the outcome, rather than letting s third party decide.
• the parties are more likely to accept an outcome they have helped come to.

Question 3

2:What costs are involved in civil action?

Answer 3

A party involved in a civil dispute may incur costs in resolving a civil dispute. Legal advice and representations are costs. These costs can involve

• court fees -mediation fees -expert witness fees
• Adverse cost orders

Question 4

What is VLA’s involvement in cost issues?

Answer 4

• The VLA tends to prioritise helping defendants in civil matters.
• The VLA will generally not assist those involved in disputes with corporations, employees and wills.