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Direct Negotiation

Direct Negotiation

Although the attorneys at Miller Shah LLP are strong believers in the use of alternative dispute resolution (ADR) procedures, including mediation, in appropriate circumstances, they also believe that, in many cases, there is no good substitute for direct negotiation, both within and outside the confines of traditional ADR mechanisms. Simply put, the ability to negotiate directly with opposing counsel and parties on a face-to-face or other direct basis is a critical skill that is often neglected in the current practice of law, especially by practitioners who rely upon mediators and neutrals as the exclusive or preferred means to achieve dispute resolution and/or the so-called “art of the deal” in the corporate and business setting.

Strategic Approach & Proven Expertise

The attorneys at Miller Shah are regularly complimented for their direct negotiation skills by clients, courts, and third-party neutrals alike. Successful direct negotiation requires a careful and balanced blending of advocacy and interpersonal skills with an emphasis on candor and the careful use of empathic positioning techniques. Simply put, if your adversary does not trust you and/or if you do not understand your adversary, the opportunity to maximize the outcome for a client in any direct negotiations is substantially diminished (if not nonexistent).

In approaching and conducting direct negotiations, Miller Shah professionals focus particularly on client goals, potential trades with the other side(s) and alternative proposals that may be applicable to the situation, the relationship between the parties and the extent to which that relationship will continue in the future following the negotiation (or if the parties will be negotiating regarding a different matter in the future), the outcome expected by the client, the relative bargaining power of the parties, including the consequences of “winning,” “losing” or failing to reach agreement for each party and, perhaps most importantly, the availability of creative and “win-win” solutions to bridge gaps between the parties.

The attorneys and other professionals at Miller Shah particularly embrace the negotiating principles and approaches espoused in Fisher & Ury’s seminal work, Getting to Yes (1981), and the focus in that important work on creating “win-win” situations in various areas of direct negotiation. Miller Shah’s attorneys have honed their direct negotiation skills both in the classroom through substantial training exercises and in real-world negotiations in which they have collectively spent thousands of hours in direct negotiation settings, including, but not limited to, collective bargaining negotiations, commercial contracts and similar arrangements, intellectual property licensing and similar arrangements (including agreements in the software field), merger and acquisition deal-making discussions, and settlement negotiations in various kinds of complex litigation and other disputes.

To be put in contact with the right member of our team to assist in direct negotiations, please contact Nathan Zipperian at nzipperian@millershah.com or call 866-540-5505.

Over 1 BILLION Recovered

Our team is equipped and prepared for complicated, high-stakes cases in all areas of business and civil litigation. We continuously strive to achieve the best possible results for our clients.

Novartis False Claims Act Settlement

$642 Million

Novartis False Claims Act Settlement
DST ERISA Class Action Settlement

$124.6 Million

DST ERISA Class Action Settlement
Teva False Claims Act Settlement

$54 Million

Teva False Claims Act Settlement
Norwegian Salmon Antitrust Settlement

$33 Million

Norwegian Salmon Antitrust Settlement
Virgin Airlines Wage and Hour Settlement

$31 Million

Virgin Airlines Wage and Hour Settlement
AMC Securities Settlement

$18 Million

AMC Securities Settlement
Eversource Energy ERISA Class Action Settlement

$14 Million

Eversource Energy ERISA Class Action Settlement
Universal Health Services ERISA Class Action Settlement

$12.5 Million

Universal Health Services ERISA Class Action Settlement
Safeway ERISA Class Action Settlement

$8.5 Million

Safeway ERISA Class Action Settlement
LinkedIn ERISA Class Action Settlement

$6.75 Million

LinkedIn ERISA Class Action Settlement
Coca-Cola ERISA Class Action Settlement

$3.5 Million

Coca-Cola ERISA Class Action Settlement
Beth Israel Medical ERISA Class Action Settlement

$2.9 Million

Beth Israel Medical ERISA Class Action Settlement
Rush University Medical ERISA Class Action Settlement

$2.9 Million

Rush University Medical ERISA Class Action Settlement
L Brands ERISA Class Action Settlement

$2.75 Million

L Brands ERISA Class Action Settlement
Omnicom ERISA Class Action Settlement

$2.45 Million

Omnicom ERISA Class Action Settlement

Words From Our Clients

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Miller Shah LLP

While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with an attorney, please call 866-540-5505 or complete the intake form to email us.
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