Negotiating with Opposing Counsel: Tools & Strategies for Legal Resolution

Introduction

Negotiation is not merely a preliminary to litigation — it is often the fulcrum upon which commercial and civil disputes are resolved. Whether through Part 36 Offers, settlement meetings, correspondence, or within mediation, negotiation is central to legal practice in England and Wales.

This webinar offers legal professionals and commercial stakeholders a structured, psychologically aware approach to negotiating with opposing counsel. Drawing on both litigation protocol and practical negotiation tools, it aims to enhance participants' strategic positioning, improve settlement outcomes, and support compliance with obligations under the Civil Procedure Rules (CPR), including the Overriding Objective and Pre-Action Protocols.

Participants will gain tools to navigate each stage of legal negotiation with clarity and confidence — from case preparation and leverage assessment to managing high-conflict behaviours and drafting enforceable terms.

What You Will Learn

This webinar will cover the following:

• The legal and procedural context of negotiation within the civil justice system of England and Wales, including relevant Pre-Action Protocols and CPR obligations
• How to strategically prepare for negotiation — assessing leverage, client objectives, and procedural considerations
• Techniques to set the tone and establish authority early in the negotiation process
• Approaches for handling resistance, deadlock, or high-conflict behaviours mid-negotiation
• Structuring and timing offers and counteroffers, including the effective use of Part 36 Offers and Calderbank letters
• Identifying psychological dynamics (e.g. anchoring, reactive devaluation) that impact legal bargaining
• Bringing negotiations to a close: documenting outcomes professionally through Tomlin Orders, settlement agreements, and heads of terms
• Key behavioural and ethical tips for maintaining professionalism, clarity, and client focus throughout

This pre-recorded webinar will be available to view from Tuesday 20th January 2026

Alternatively, you can gain access to this webinar and 1,900+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.