How should a barrister handle settlement discussions when the other side is represented?

• A. Contact the other side directly to negotiate
• B. Do not engage in ex parte communications; coordinate through the other side's counsel and ensure terms are fair and transparent
• C. Avoid discussing terms
• D. Issue a public statement

Answer: (B)

When the other side is represented, settlement talks must be conducted through their counsel. This keeps communications with the other party appropriate and preserves fairness, accuracy, and privilege. Directly approaching the represented party can bypass instructions from their client, risks improper influence, and undermines the integrity of the negotiation process. By directing offers and responses through the other side’s lawyer, you help ensure that terms are discussed openly, transparently, and with proper record-keeping.

Direct contact with a represented party is not appropriate, as it bypasses their counsel and can breach ethical duties. Simply avoiding terms or discussing nothing at all won’t help reach a settlement. Issuing a public statement is irrelevant to the private negotiation and could prejudice the process and reveal confidential information.