Attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss negotiations in business and legal disputes, including mediation and litigation. They cover preparing before negotiating. They involve weighing the strength of your facts and legal position alongside the other side’s motivations and constraints as well as setting realistic expectations and building leverage. You should be willing to walk away. Finally, they discuss patience and mental preparation which will help you manage pressure and reach a workable resolution.

00:00 Welcome + Why Negotiation Matters for Business Owners

01:07 Know What You’re Stepping Into: Risks, Record, and Strategy Before You Negotiate

01:34 Two Sides of Every Deal: Your Legal Hand vs. the Human Factor

02:15 Setting Realistic Expectations (Even With a “Slam Dunk” Case)

03:42 Leverage, Mediation, and the Myth of ‘Winning’ a Negotiation

04:22 Your Walk-Away Power: Alternatives, Confidence, and the Car-Buying Analogy

04:55 Patience in the Process: Time, Pressure, and Mental Prep

05:45 Wrap-Up and Final Takeaways