Many legal issues can be resolved without going to court. Asking a court to resolve a dispute through a lawsuit can be expensive, time consuming, and may not lead to the outcome you want. One of the most effective tools for resolving conflicts is negotiation. Whether the dispute involves a landlord, neighbor, employer, business, or family member, direct communication can often lead to a solution that saves time, money, and stress.

You don’t always need a lawyer to negotiate. In many situations, you can represent yourself and successfully resolve minor disputes. However, it's important to understand your legal rights before you begin. Learning how courts might approach your issue and identifying your goals are the first steps to a successful negotiation.

Prepare Before You Negotiate

• Do your own legal research: Research and read up on how the law applies to your situation. This helps you recognize your rights and responsibilities and provides a solid foundation for your argument.
• Set your goals: What are you hoping to achieve? Are you trying to get a refund, fix a service, or stop certain behavior? Be realistic and specific. Decide in advance what you’re willing to accept as a compromise.

• Decide if you need the assistance of an attorney: Based on your understanding of the law and what you hope to accomplish, do you think you can represent yourself and successfully resolve the issue? If the issue is more than a minor issue, you may want to consider hiring an attorney. If you need some legal advice but can’t afford or don’t want full legal representation, consider limited scope representation. In this arrangement, an attorney helps you with specific parts of your case, such as:

  • Reviewing a settlement agreement.
  • Drafting a legal letter.
  • Explaining legal options.

  This can be a cost-effective way to get help while handling most of the dispute yourself.  

  Learn more about limited scope representation.

Ways to Negotiate with the Other Side

1. Write a Letter

Sending a clear, respectful letter may open the door to a resolution. In your letter include:

• A short summary of the issue.
• What you want to happen.
• A reasonable deadline for a response.

While writing a letter may not lead to resolution, you can use your letter and any response as a written record for other avenues of negotiation. 

You can also send your letter as an email, but beware of spam filters and other reasons why the other side might never see your message. Consider sending your message in an email and a certified letter with return receipt requested. That way you have proof that the other side got your message.

2. Arrange a Time to Meet in Person

Sometimes a direct conversation is the fastest way to resolve a dispute. Be calm and respectful. Try to:

• Stick to the facts.
• Avoid blaming language.
• Listen carefully to the other person’s point of view.
• Propose solutions that work for both sides.

3. Use the Complaint and Mediation Services of a Government Agency

Many local, state, and federal agencies offer free or low-cost help to resolve certain types of disputes. These may include:

• Consumer protection agencies
• Labor departments
• Fair housing commissions
• Human relations commissions

These agencies can help mediate the issue or investigate a complaint.

4. Mediation

Mediation involves a neutral third party (the mediator) who helps both sides talk through the problem and try to reach a voluntary agreement. Mediation is:

• Usually confidential.
• Often faster and cheaper than going to court.
• A cooperative rather than adversarial process.

You can find mediation services through community organizations, courts, or local bar associations. Learn more about mediation.

5. Arbitration

In arbitration, a neutral third party listens to both sides and decides. Arbitration can be:

• Binding: when an arbitration decision is binding, the decision must be followed.
• Non-binding: a non-binding decision is a recommendation on how to resolve the issue. Parties to a non-binding arbitration do not have to follow the decision.

Arbitration is more formal than mediation but usually less formal than court. It is common in contracts such as leases or service agreements.