Negotiation

Professional negotiation services can be applied to virtually any dispute or transaction where parties need to reach agreement. Our negotiation and settlement facilitation services cover the full range of matters, including but not limited to:

• Pre-litigation settlement negotiations – Resolving disputes before a lawsuit is filed is almost always in both parties’ interests. Pre-litigation negotiation avoids the costs, delays, publicity, and relationship damage of formal proceedings. Our professionals assist parties in evaluating the strengths and weaknesses of their positions, quantifying potential exposure, and reaching efficient settlements that address the underlying interests of all parties. We are experienced in facilitating pre-suit negotiations in personal injury, employment, commercial, healthcare, real estate, and corporate disputes – helping parties resolve their differences at the earliest and most cost-effective stage.

• Litigation settlement negotiations – The vast majority of lawsuits in the United States settle before trial – but getting to settlement requires skilled negotiation. Our professionals assist parties and their counsel in structured settlement discussions at every stage of litigation – from initial pleading through discovery, summary judgment, and even during trial. We help parties evaluate the evolving risk landscape as information is developed through discovery, assess the costs and benefits of continued litigation versus settlement, and negotiate terms that reflect the current state of the case.

• Commercial contract negotiations – Negotiating the terms of commercial agreements – supply contracts, distribution deals, licensing arrangements, joint venture agreements, franchise agreements, and service contracts – is the foundation of business relationships. Our professionals assist businesses in structuring negotiations, identifying interests and priorities, managing concessions, and reaching agreements that create value for both sides. We are especially effective in complex, multi-party, and cross-border contract negotiations where cultural differences, language barriers, and competing interests require experienced facilitation.

• Employment and severance negotiations – Negotiating the terms of employment agreements, executive contracts, severance packages, separation agreements, and settlement of workplace disputes requires specialized expertise. Our professionals assist both employers and employees in evaluating their positions, understanding their BATNA (best alternative to a negotiated agreement), and reaching fair agreements that address compensation, benefits, restrictive covenants, releases, references, and transition arrangements. We are particularly effective in high-level executive negotiations where the financial stakes are significant and confidentiality is paramount.

• Insurance claim negotiations – Negotiating fair settlement of insurance claims – whether first-party property and casualty claims, liability claims, health insurance disputes, or coverage disagreements – requires an understanding of policy language, claims practices, and the leverage dynamics between policyholders and insurers. Our professionals assist claimants, insureds, and insurers in evaluating claims, quantifying damages, and negotiating settlements that reflect the merits of the claim and the applicable coverage.

• Real estate and construction negotiations – Negotiating real estate transactions, lease terms, construction contracts, change orders, and dispute settlements requires deep knowledge of property markets, construction practices, and industry norms. Our professionals assist property owners, developers, tenants, contractors, and lenders in structuring negotiations that protect property value, allocate risk appropriately, and produce workable agreements.

• Family law negotiations – Negotiating the terms of divorce settlements, custody arrangements, support agreements, and property divisions requires sensitivity, patience, and a focus on the long-term interests of all family members – especially children. Our professionals assist divorcing spouses and co-parents in conducting structured negotiations that produce fair, durable agreements without the emotional and financial cost of contested court proceedings.

• Corporate and M&A negotiations – Negotiating the terms of mergers, acquisitions, joint ventures, partnership agreements, shareholder buyouts, and corporate restructurings requires sophisticated financial analysis, strategic thinking, and an understanding of deal dynamics. Our professionals assist companies, investors, and their counsel in structuring and conducting negotiations that maximize value, manage risk, and produce agreements that withstand scrutiny.

• Regulatory and government negotiations – Negotiating settlements with government agencies, regulatory bodies, and prosecutors – including consent decrees, compliance agreements, deferred prosecution agreements, and civil penalty resolutions – requires an understanding of the regulatory framework, the agency’s enforcement priorities, and the negotiation dynamics unique to government counterparties. Our professionals assist companies and individuals in navigating these high-stakes negotiations with the strategic sophistication they demand.

• International and cross-border negotiations – Negotiating agreements and resolving disputes with parties from different countries, legal systems, and cultural backgrounds requires cross-cultural communication skills, an understanding of international business practices, and the ability to navigate different negotiation styles and expectations. Our professionals bring multilingual capabilities, international experience, and cultural sensitivity to cross-border negotiations – helping parties bridge their differences and reach workable agreements.

• Labor and collective bargaining negotiations – Negotiating collective bargaining agreements (CBAs) between employers and unions requires specialized knowledge of labor relations, economic analysis, and the legal framework governing collective bargaining under the National Labor Relations Act (NLRA). Our professionals assist management and labor representatives in conducting productive, good-faith negotiations that produce fair agreements and stable labor-management relationships.

• Multi-party and stakeholder negotiations – Complex disputes and transactions often involve multiple parties with diverse and sometimes competing interests – such as construction projects, environmental disputes, class action settlements, and public-private partnerships. Our professionals facilitate multi-party negotiations by managing the logistics, identifying areas of alignment, building coalitions, and helping the parties reach comprehensive agreements that address everyone’s core interests.

Professional negotiation is not improvisation – it is a disciplined, structured process that unfolds in distinct phases:

1. Preparation and analysis – Effective negotiation begins long before the parties sit down at the table. The preparation phase involves a thorough analysis of the facts, the law, the parties’ interests and priorities, the available alternatives (BATNA – best alternative to a negotiated agreement), the zone of possible agreement (ZOPA), and the information landscape (what each side knows and does not know). Our professionals help parties prepare rigorously – identifying their objectives, understanding the other side’s likely positions and interests, developing a negotiation strategy, and anticipating challenges and opportunities.

2. Opening and framing – How a negotiation begins shapes everything that follows. The opening phase involves establishing the agenda, setting the tone, framing the issues, and making initial positions or proposals. Our professionals help parties frame the negotiation in terms that maximize the potential for agreement – focusing on interests rather than positions, defining the issues clearly, and establishing a constructive, professional atmosphere.

3. Information exchange and exploration – Successful negotiation depends on the effective exchange of information. This phase involves asking questions, listening actively, sharing relevant data, and exploring each party’s underlying interests, concerns, and priorities. Our professionals facilitate this exchange – helping parties move beyond surface positions to understand what the other side truly needs, why they need it, and what trade-offs they are willing to make.

4. Bargaining and value creation – The core of the negotiation process involves generating options, making proposals and counterproposals, managing concessions, and working toward agreement. Skilled negotiators focus not just on dividing a fixed pie (distributive bargaining) but on expanding the pie (integrative or interest-based bargaining) – finding creative solutions that create value for both sides. Our professionals guide parties through this process, helping them develop and evaluate options, package proposals effectively, and move progressively toward agreement.

5. Closing and agreement – Reaching agreement is a skill in itself. The closing phase involves summarizing the terms, resolving final issues, documenting the agreement, and ensuring that both parties understand and are committed to the deal. Our professionals help parties close effectively – avoiding last-minute breakdowns, documenting agreements clearly, and building in implementation mechanisms that ensure the agreement is honored.

6. Implementation and follow-through – A negotiated agreement is only as good as its implementation. Our professionals assist parties in designing implementation plans, monitoring compliance, and addressing any disputes or misunderstandings that arise during the performance of the agreement.

Negotiation offers advantages that no other dispute resolution process can match:

• Maximum party control – Negotiation gives the parties complete control over both the process and the outcome. There is no third-party decision-maker, no imposed timeline, and no forced result. The parties agree only to what they find acceptable.

• Speed – Negotiation can resolve disputes in hours, days, or weeks – far faster than any other dispute resolution process. There are no procedural requirements, no discovery obligations, and no hearing schedules to navigate.

• Cost – Negotiation is the least expensive form of dispute resolution. There are no filing fees, no arbitrator fees, no hearing costs, and no formal discovery. The only costs are the parties’ time and, if they choose to engage professionals, negotiation facilitation fees.

• Confidentiality – Negotiations are entirely private. There are no public filings, no court records, and no hearing transcripts. Settlement terms can be kept confidential by agreement.

• Relationship preservation – Negotiation is the least adversarial dispute resolution process. Done well, it can strengthen relationships rather than destroy them – creating a foundation for future cooperation.

• Flexibility – Negotiation has no fixed rules, no required procedures, and no prescribed format. The parties can negotiate in person, by phone, by email, through counsel, or through professional negotiation facilitators. They can negotiate all issues at once or one at a time. They can take breaks, bring in experts, and adjust the process as needed.

• Creative solutions – Negotiation allows parties to craft any solution they can imagine – not just the remedies that a court or arbitrator could order. A negotiated agreement can include non-monetary terms, future commitments, relationship restructuring, apologies, and any other creative provisions that serve the parties’ interests.

• No downside risk – Unlike arbitration or litigation, negotiation carries no risk of an adverse binding decision. If the parties cannot reach agreement, they retain all of their rights and options – including the right to mediate, arbitrate, or litigate.

• Early resolution – Negotiation can begin immediately – before a dispute escalates, before lawyers are retained, before positions harden, and before costs accumulate. The earlier a dispute is addressed through negotiation, the more likely it is to be resolved quickly and favorably.

• Universal applicability – Negotiation works in every context, for every type of dispute, and between any parties. It is the one dispute resolution process that is available to everyone, everywhere, at any time.

• Interest-based (integrative) negotiation – Focuses on identifying the underlying interests, needs, and priorities of each party – rather than their stated positions – and generating creative options that satisfy both sides. Interest-based negotiation is grounded in the principled negotiation framework developed at the Harvard Negotiation Project and emphasizes separating people from problems, focusing on interests rather than positions, generating options for mutual gain, and insisting on objective criteria. This approach is particularly effective in complex, multi-issue negotiations and disputes where the parties have an ongoing relationship.

• Positional (distributive) negotiation – Focuses on claiming value in situations where the parties are dividing a fixed resource – such as a settlement amount, a contract price, or an asset allocation. Positional negotiation involves making offers and counteroffers, managing concessions strategically, and using anchoring, framing, and leverage to influence the outcome. While often viewed as adversarial, skilled positional negotiation is a critical competency in many legal and commercial contexts – particularly in insurance claim negotiations, personal injury settlements, and single-issue financial disputes.

• Collaborative negotiation – A structured process in which each party is represented by counsel committed to reaching agreement without litigation. In collaborative negotiation, the parties and their attorneys sign a participation agreement committing to good-faith negotiation, full disclosure of relevant information, and withdrawal from representation if the process breaks down. Collaborative negotiation is particularly effective in family law disputes, business partnership dissolutions, and other situations where the parties want to maintain control of the process and preserve their relationship.

• Shuttle negotiation – When face-to-face negotiation is impractical or counterproductive – due to high conflict, power imbalances, or logistical challenges – our professionals conduct shuttle negotiations, meeting separately with each party and carrying proposals and counterproposals between them. Shuttle negotiation preserves the benefits of professional facilitation while managing the interpersonal dynamics that can derail direct negotiation.

• Multi-track negotiation – For complex disputes involving multiple issues, parties, and interests, our professionals design multi-track negotiation processes that address different issues on parallel tracks – allowing progress on one front even when other issues are temporarily stalled. Multi-track negotiation is particularly effective in construction disputes, class action settlements, international commercial conflicts, and multi-stakeholder public policy disputes.