When can you negotiate?
Any time, but some times are better than others.
Soon
The sooner you settle your case, the less it will have cost you. That’s true whether or not you’re paying anything for representation, because the emotional costs of running a case are high even if you’re getting free representation or (and especially) if you’re representing yourself. If you settle your case for £10,000 now, having spent £1,000 in legal costs, that’s £4,000 better than settling it for £20,000 in a few months having spent £15,000 on it. Once you take into account the emotional costs, it’s better than settling it for £20,000 in a few months having spent £11,000, too.
When the other side is vulnerable
Suppose the other side was hoping to get rid of the case at a 1 or 2-day Pre-Hearing Review on the grounds that you claimed too late (for instance), but the tribunal has just confirmed that the case can go ahead, and listed it for 10 days in a few months’ time. You’re in a strong position at this point: the other side is now facing a longer hearing and a lot of additional work and legal fees. Having been disappointed of their hope to get rid of the case one way, they may be more open to the suggestion that they can get rid of it another way: by paying you some money.
When the other side has work to do
If you’ve just sent the other side a long request for additional information and/or documents, for example, or the time is coming close when they will have to start work on their witness statements, this may be a good moment: they can avoid doing that work by settling the case. (But don’t read this as a suggestion that you should deliberately create unnecessary work for the other side: that will annoy the tribunal a lot if they get a whiff of it, and you could be at risk of a costs order for unreasonable conduct of the proceedings.)
