Negotiation by a lawyer or legal expert
If a conflict has arisen, litigation does not always have to be the first step. We assess your position, determine the negotiation strategy, and conduct communication with the opposing party where necessary.
- Assessment of legal position and room for negotiation
- Negotiation strategy with a lawyer or legal expert
- Correspondence and consultation with the other party
- Negotiation regarding payment, agreements, or termination
- Clarity regarding opportunities, risks, and next steps
Free consultation
Let's briefly discuss your case and see if negotiating is the wisest course of action.
- We discuss your conflict or claim
- No obligation and free of charge
- Clarity regarding possible negotiation steps
As a lawyer, I frequently handle disputes for entrepreneurs. Negotiation begins with a thorough assessment of evidence, risks, and strategy. Sometimes, firm negotiation is sufficient. Sometimes, litigation is still necessary.
When is it wise to negotiate?
Negotiating is wise when a solution is still possible, but you want to apply pressure, protect your position, or enforce clear agreements.
Do not negotiate without a clear legal position.
A negotiation requires insight into your rights, evidentiary position, bottom line, and risks. Without a strategy, you may give away too much or escalate unnecessarily.
How does negotiation work?
We first assess your case file and then determine the most appropriate negotiation route: responding ourselves, writing legal documents, negotiating, settling, or proceeding to litigation.
Orientation
You request a free consultation. We briefly discuss the situation, what you want to achieve, and whether negotiation might be worthwhile.
File analysis
We review contracts, correspondence, notices of default, evidence, previous proposals, and the legal basis of your case.
Negotiation strategy
We determine the appropriate course of action: taking a legal stance, applying pressure, making a proposal, settling, or refraining from responding at this stage.
Correspondence and consultation
We draft legal correspondence, consult with the opposing party, and monitor the legal line of your case.
Appointments or follow-up
We legally formalize agreements or advise on next steps if negotiation does not provide a solution.
Why determine a negotiation strategy first?
Negotiating without a strategy increases the risk of relinquishing rights, making overpromises, or unnecessarily escalating the situation. Therefore, we first assess which negotiation route is legally and commercially sound.
A good negotiation begins with legal clarity.
Evidence, timing, tone, and strategy often determine whether negotiating is wise and what arrangement is feasible.
Common mistakes when negotiating
In negotiations, problems often arise from hasty commitments, insufficient preparation, or the wrong tone.
Committing too quickly
A quick commitment or concession can later be interpreted as recognition or waiver of rights.
Failing to adequately document evidence
Contracts, emails, WhatsApp messages, invoices, and previous proposals can be decisive.
No clear lower limit
Without a clear lower limit, you may give away too much or accept agreements that are legally unfavorable.
Communicating emotionally or too harshly
The right tone can determine whether a conflict resolves or escalates further.
What happens after the negotiation?
After the negotiation, we legally formalize the agreements or determine the next step together. If the other party does not cooperate, litigation may still be necessary.
Record agreements
If the negotiation is successful, we ensure that the agreements are clearly and legally recorded with due care.
View determine legal positionLitigation
If negotiation does not provide a solution, we can advise on litigation strategy and further legal steps.
View litigationFrequently asked questions about negotiating
Entrepreneurs often engage us when negotiations stall, a conflict threatens to escalate, or when they want to negotiate with the other party in a stronger legal position.
When is it wise to negotiate?
Negotiating is wise when there is still room for a solution, but you wish to act with legal strength and care. We first assess your position, evidence, negotiating room, and risks.
What does a lawyer or legal expert do during negotiations?
A lawyer or legal expert reviews your file, determines the negotiation strategy, formulates the legal position, and conducts communication with the opposing party where necessary. In doing so, we safeguard your interests, evidentiary position, and legal risks.
Which documents are needed to negotiate effectively?
Usually, contracts, general terms and conditions, invoices, emails, WhatsApp messages, notices of default, demands, proposals, and prior correspondence are required. We assess which documents are legally relevant and what negotiating position follows from them.
Is negotiation possible even if legal proceedings are imminent?
Yes. Especially when legal proceedings are imminent, good negotiation can prevent many costs and risks. Sometimes a firm legal letter is sufficient to get things moving. Sometimes litigation is still necessary if the opposing party does not cooperate.
What are the risks of negotiating by yourself?
Negotiating on your own can be risky if you make commitments, relinquish rights, or take an incorrect legal stance. Furthermore, a tone that is too harsh or too soft can weaken your position. Therefore, it is wise to have your negotiating margin determined in advance.
How much does it cost to negotiate through a lawyer or legal expert?
Negotiations by a lawyer or legal expert start from €998 excluding VAT. The final costs depend on the size of the case, the complexity, the desired strategy, and the attitude of the opposing party.
Are you unsure how to negotiate?
First, have the strength of your case assessed. Afterward, you can determine with greater certainty whether negotiating, settling, or litigating is the right step.
Why MKBjuristen.nl?
We help entrepreneurs with business negotiations, disputes, settlements, and conflict resolution.
Negotiation strategy
We assess not only what you can demand, but also which arrangement is legally and commercially sound.
Since 2001
We have extensive experience providing legal services to entrepreneurs and organizations.
Clear approach
We provide clarity in advance regarding the approach, risks, costs, and possible next steps.
Lawyers and legal professionals
You receive legal assistance from specialists who are accustomed to negotiating in a businesslike and practical manner.
Discuss your case before you start negotiating
A good negotiation strategy prevents you from giving away too much or weakening your legal position.
Request a free consultation
Please enter your details. We will contact you to briefly discuss your case.
Negotiation explained by a lawyer or legal expert
Below you can read when negotiating is wise, how we assess your negotiating position, and how a lawyer or legal expert can help resolve a legal conflict without unnecessary escalation.
What does negotiating by a lawyer or legal expert mean?
Negotiating by a lawyer or legal expert means that your legal position is first assessed, and then a strategy is determined towards the opposing party on your behalf or together with you.
The goal is to reach a solution without unnecessary escalation, but with a clear legal basis. We safeguard your rights, evidentiary position, minimum standard, and business interests.
When is it wise to negotiate?
Negotiating is advisable when a solution is still possible, but you wish to clearly hold the other party legally accountable. Consider payment disputes, breach of contract, termination of cooperation, liability, or disagreements regarding agreements.
Good negotiation often prevents unnecessary costs and loss of time. However, it must be clear in advance what your legal position is and what outcome is realistic.
Why not negotiate yourself?
Negotiating yourself may seem sensible, but it carries risks. A commitment, admission, wrong tone, or incomplete proposal could be used against you later.
We ensure that your position is legally sound, that you do not disclose anything unnecessarily, and that the communication aligns with the desired outcome.
How do we determine the negotiating position?
We examine the legal basis, facts, evidence, correspondence, potential defenses, and the business interest. Subsequently, we determine what you can claim, which concessions are justifiable, and where your lower limit lies.
We also assess what happens if negotiations fail. That process or follow-up step often determines how much pressure in the negotiation is possible and sensible.
Can negotiating prevent legal proceedings?
Yes. A good negotiation can prevent litigation. That often saves time, costs, and uncertainty. Sometimes a strong legal letter or a well-substantiated proposal is sufficient to get things moving.
If the opposing party does not cooperate, we will assess whether litigation is still advisable.
Are agreements recorded after negotiation?
Yes. If an arrangement is reached, it is important that the agreements are clearly and legally recorded. Consider payment terms, final discharge, confidentiality, termination of agreements, or further obligations.
We assist with drafting or reviewing a settlement agreement, arrangement, or supplementary agreements.
Need help negotiating?
Do you wish to negotiate with a counterparty, customer, supplier, employee, shareholder, or contracting party? MKB Juristen assesses your position, determines the strategy, and assists with correspondence, proposals, and documenting agreements.
Would you like to know which route is the sensible one first? Then request a free consultation.
