The first panel of the day was a presentation on negotiation strategy, with a strong emphasis on preparation as the foundation of success. Panelists Connie O’Mara (O’Mara Consulting LLC), Jennifer Warycha (Partner, Gerber Ciano Kelly Brady LLP) and Steven Ries (Senior Attorney, Hogan Lovells) explained that effective negotiators must understand their own goals, limits, and alternatives, as well as the other side’s motivations, risks, and priorities, without which it is hard to find common ground or reach agreement.
The Panel focused on identifying the Best Alternative to No Agreement (“BATNA”) and using that fallback to set a realistic bottom line. In litigation settings, this means evaluating whether to settle or proceed to trial, and factoring in the real costs of trial, including experts, counsel, document production, and other expenses. Effective negotiators start early, talk to opposing counsel, listen carefully, and gather information before formal talks begin. The panel also recommended setting clear client expectations: define the ideal outcome, the minimum acceptable result, the walk away point, and the alternatives if the deal fails. Researching the opponent, anticipating objections, and preparing a few focused arguments are all essential tactics to a successful outcome.
Beyond strategy, the discussion highlighted relationship management and tone. Negotiators should build trust, maintain professionalism, read body language when possible, and use in-person meetings when stakes are high. Mediators are useful third parties who can keep talks moving, critique both sides, and help break stalemates.
Finally, the presenters encouraged the audience the embrace creative deal making. Settlement is not always just about a single dollar figure; structured settlements, staged payments, cooperation clauses, and other tailored terms may better address the parties’ real interests. Never forget that all key terms, like confidentiality, releases, Medicare assurances, and payment timing, must be addressed before declaring victory
The panel closed with practical lessons: know who you are really dealing with, keep decision-makers available, avoid getting stuck on minor points, and focus on the larger objectives of resolution.
The full discussion is available for viewing on AIRROC On-Demand!
