Thailand has introduced a new law about negotiation or settlements before taking legal action. According to the amendment of the Civil Procedure Code (No. 32) B.E. 2563, the law states that “Before filing the lawsuit, the parties may request the court to appoint a mediator in order to settle the dispute.”
This new law functions as an alternative for the person who has a legal dispute and helps to be able to settle the dispute before filing a lawsuit.
Inconsequence, clients may need to find a Negotiation Lawyer or a Settlement Lawyer in order to help them find the best settlement.
The Importance of a Negotiation Lawyer
Lawyers negotiate constantly. Negotiations are used in various areas of the law to settle disputes. If you find yourself needing to settle a dispute, it is best to seek the advice of a Negotiation Lawyer.
What is Negotiation?
Essentially, negotiation is the process where two or more parties seek to reach an agreement over something they have versus something that they want. The negotiation doesn’t always have to be over a physical item. Often times, services or statuses can be exchanged just as easily as objects can. Negotiations are used in various areas of law to settle the dispute, and often used in the settlement of contracts.
Negotiations are a good way for the two parties to sit down and air out their grievances and can help save on a lengthy trial or long litigation process. Often times, negotiation procedures lead to a quick settlement.
What Does Negotiation Look Like?
During the negotiation, the two parties go back and forth to solve differences and speak about their needs in order to come to the best satisfactory solution. It is important to think about and consider what you want to get out of the negotiation, and what you have to offer the other party in return. If an offer is put on the table, each party needs to decide whether to accept or decline. If there is a counter-offer, the parties can agree to accept the adjustments or perhaps make another counter-offer. However, if the parties come to an agreement, the next step is to draw up a contract to establish the terms of the agreement.
In some cases, not all parties will cooperate or be happy to engage in negotiations. In the event that this happens, there are a few ways to facilitate further negotiations such as a mini-trial in court, a neutral case evaluation by a third party, or conciliation where a third party is hired to ensure the two parties are making progress with the original negotiation.
How is Negotiation Different from Other Legal Action?
First and foremost, negotiation is cheaper than litigation. As litigation is always conducted in court, preliminary negotiation meetings can save a huge sum of money on legal fees. Negotiation gives the power to the two parties to solve their differences rather than giving money to the judge.
Negotiation is different from mediation because mediation is always overseen by a mediator. It is the mediator’s job to oversee the mediation and help the two parties come to an agreement. This is the only job of the mediator - to make sure the parties eventually come to a sensible agreement.
Negotiation differs from arbitration due to the fact that arbitration is similar to a lawsuit. Arbitration has set rules and guidelines, whereas negotiation is just that … two parties attempting to negotiate and come to sensible terms.
Should I Ask for the Help of a Lawyer for Negotiation?
While negotiations are not lawsuits, it is best to seek the help of a lawyer should you find yourself entangled in the negotiation process. A dedicated lawyer can help assess your needs and evaluate your rights all the while ensuring you are protected.
If you find yourself needing assistance from a lawyer for negotiation purposes, reach out to the team at Harwell Legal. Our team of lawyers is well versed and highly experienced. To ask for a consultation, contact us today!
Phone: +66 (0) 76 530 597
FAX: +66 (0) 76 530 598
Open Hours: 09:00 - 18:00