Send the evidence needed to assess a settlement offer

An offer needs something to assess

A settlement figure may look reasonable to you because you know the job history. The other party may not have the documents behind the amount. Before an offer is sent, ask your lawyer whether the recipient has enough relevant information to assess it. Sending a large file shortly before a requested response can create a practical problem rather than a useful negotiation.

Identify the material difference

Imagine a contractor reducing a claim after discovering that one variation was invoiced twice. Prepare the corrected calculation and identify the documents supporting the remaining variations. Tell the lawyer exactly what has changed since the previous exchange. Do not bury the correction among hundreds of unrelated emails and expect the recipient to reconstruct the new position unaided.

Discuss a realistic assessment opportunity

business.gov.au recommends protecting business records and keeping reliable backups. Preserve the material supporting the offer and the versions actually supplied. Ask your lawyer about the opportunity needed to assess that material in the relevant proceeding. Timing should be considered in context, taking account of the information being provided and the stage of the case, rather than copied from an unrelated dispute.

Source: business.gov.au: Record keeping

Check access before starting the clock

Provide supporting material through the channel agreed with the lawyer. Verify that the intended recipient can open the files and that referenced attachments are actually included. Retain the transmission record. In the contractor's example, a spreadsheet without its supporting variation schedule may be technically delivered but still fail to explain the calculation the offer relies on.

Handle information requests through the adviser

If the other party requests a missing document or clarification, send the request to the lawyer promptly. Do not assume that asking a question means the proposal has been accepted or rejected. Obtain advice about the response and any effect on the offer's timing. Keep substantive clarifications consistent with the offer that was authorised.

Record the process without predicting costs

Keep the approved offer, accompanying material and replies together. This gives the adviser an accurate record if the negotiations or costs position later need review. The purpose is to support informed consideration of a genuine proposal. It is not to manufacture a short deadline or promise that an unsuccessful negotiation will shift every legal expense to the other side.