Negotiation Support
Strategic negotiation roadmap synthesizing case materials into leverage analysis, risk assessment, and tactical recommendations.
Prerequisites
- Matter context — parties, relationship history, negotiation type (settlement / contract / transactional / dispute resolution)
- Documents — contracts, correspondence, prior agreements, discovery, financials
- Client objectives — goals, constraints, authority limits, timeline
- Negotiation history — prior offers, counteroffers, impasses, tentative agreements
Quick Start
- Gather prerequisites above.
- Produce each output section in order (Executive Summary through Action Items).
- Cite source documents for every factual claim.
- Mark unconfirmed legal authority with
[VERIFY].
- Label the document as privileged work product.
Output Structure
1. Executive Summary
| Element |
Content |
| Negotiation type |
Settlement / contract / transactional / dispute resolution |
| Parties |
Names, roles, relationship summary |
| Core objectives |
Client's 3–5 primary goals, ranked |
| Critical issues |
Top issues driving negotiation |
| Recommended strategy |
Integrative vs. distributive; approach in 2–3 sentences |
| Key recommendation |
Single most important strategic action |
2. Factual Background
Chronological narrative with cited sources covering:
- Relationship history and negotiation genesis
- Key dates, amounts, communications, commitments
- Prior negotiation attempts and outcomes
- Current procedural posture or deal status
3. Interests & Positions Analysis
|
Client |
Opposing Party |
| Stated positions |
What they demand |
What they demand |
| Underlying interests |
Economic, operational, reputational, relational |
Same categories (estimated) |
| Constraints |
Authority, timeline, regulatory |
Likely constraints |
| Priorities |
Rank order of issues |
Estimated rank order |
| Pressure points |
Internal deadlines, stakeholder demands |
Likely pressures |
4. Leverage Assessment
Rate each factor High / Medium / Low for both sides:
| Leverage Type |
Client |
Opposing Party |
| Legal — claims strength, precedent, contractual position |
|
|
| Economic — resources, market position, alternatives |
|
|
| Informational — asymmetric knowledge, discovery exposure |
|
|
| Timing — deadlines, limitations periods, market windows |
|
|
| Relational — ongoing relationship value, reputation |
|
|
5. BATNA Analysis
|
Client |
Opposing Party (est.) |
| Best alternative |
|
|
| Likely outcome if no deal |
|
|
| Cost of no deal |
|
|
| Timeline of alternative |
|
|
| Risks of alternative |
|
|
| Reservation point |
Minimum acceptable |
Estimated walk-away |
| Target outcome |
Aspirational realistic goal |
|
6. Risk Matrix
| Risk |
Type |
Likelihood |
Impact |
Mitigation |
|
Legal / Business / Strategic |
H/M/L |
H/M/L |
Specific action |
Flag categories: litigation exposure, regulatory concerns, contractual weaknesses, reputational damage, precedent-setting risk, relationship damage.
7. Issue-by-Issue Plan
For each significant issue:
| Issue |
Opening |
Target |
Walk-Away |
Value to Us |
Value to Them |
|
|
|
|
H/M/L |
H/M/L |
Identify for each issue:
- Trade opportunities — low-cost concessions that are high-value to the other side
- Package proposals — bundled combinations that create value
- Sequencing — optimal order to address issues
8. Tactical Recommendations
Approach: integrative vs. distributive rationale, anchoring strategy, concession pattern (graduated / reciprocal / contingent), framing.
Anticipated arguments & responses:
| Opposing Argument |
Response |
Supporting Authority / Facts |
|
|
Cite documents, precedent, statutory provisions |
Process recommendations:
- Confidentiality protocol (NDA, FRE 408 / settlement privilege)
- Stakeholder involvement and escalation triggers
- Documentation protocol for offers and tentative agreements
- Expert input needs (financial, technical, industry)
9. Action Items
| Action |
Owner |
Deadline |
Priority |
| Pre-session preparations |
|
|
|
| Information to gather |
|
|
|
| Stakeholder decisions needed |
|
|
|
| Analysis to complete |
|
|
|
Include negotiation timeline with milestones.
Guidelines
- Candid assessment — acknowledge weaknesses; do not overstate leverage.
- Cite sources — tie every factual claim to specific materials reviewed.
- Jurisdiction-aware — flag rules affecting negotiation (FRE 408, state settlement privilege, mandatory mediation).
- Confidentiality — mark as privileged work product; note attorney-client privilege applicability.
- Actionable specificity — tailor every recommendation to the matter facts; no generic advice.
- Authority verification — mark unconfirmed authority with
[VERIFY].
- Living document — revise as new information emerges during negotiation.
Troubleshooting
- Missing client authority limits: Flag gap and request before drafting BATNA reservation points.
- Sparse opposing-party information: Mark estimated fields explicitly; recommend discovery or informal information-gathering steps.
- Multi-party negotiation: Duplicate the Interests & Leverage tables per party; note coalition dynamics.
- Cross-jurisdictional matters: Identify each jurisdiction's settlement privilege rules separately; flag conflicts.
1---2name: negotiation-support3description: Generates a strategic negotiation support document with leverage analysis, BATNA assessment, risk matrix, and issue-by-issue tactical planning. Use when preparing for settlement conferences, mediations, contract negotiations, deal structuring, or dispute resolution strategy sessions.4---5
6# Negotiation Support
7
8Strategic negotiation roadmap synthesizing case materials into leverage analysis, risk assessment, and tactical recommendations.
9
10## Prerequisites
11
121. **Matter context** — parties, relationship history, negotiation type (settlement / contract / transactional / dispute resolution)
132. **Documents** — contracts, correspondence, prior agreements, discovery, financials
143. **Client objectives** — goals, constraints, authority limits, timeline
154. **Negotiation history** — prior offers, counteroffers, impasses, tentative agreements
16
17## Quick Start
18
191. Gather prerequisites above.
202. Produce each output section in order (Executive Summary through Action Items).
213. Cite source documents for every factual claim.
224. Mark unconfirmed legal authority with `[VERIFY]`.
235. Label the document as privileged work product.
24
25## Output Structure
26
27### 1. Executive Summary
28
29| Element | Content |
30| --- | --- |
31| Negotiation type | Settlement / contract / transactional / dispute resolution |
32| Parties | Names, roles, relationship summary |
33| Core objectives | Client's 3–5 primary goals, ranked |
34| Critical issues | Top issues driving negotiation |
35| Recommended strategy | Integrative vs. distributive; approach in 2–3 sentences |
36| Key recommendation | Single most important strategic action |
37
38### 2. Factual Background
39
40Chronological narrative with cited sources covering:
41- Relationship history and negotiation genesis
42- Key dates, amounts, communications, commitments
43- Prior negotiation attempts and outcomes
44- Current procedural posture or deal status
45
46### 3. Interests & Positions Analysis
47
48| | Client | Opposing Party |
49| --- | --- | --- |
50| Stated positions | What they demand | What they demand |
51| Underlying interests | Economic, operational, reputational, relational | Same categories (estimated) |
52| Constraints | Authority, timeline, regulatory | Likely constraints |
53| Priorities | Rank order of issues | Estimated rank order |
54| Pressure points | Internal deadlines, stakeholder demands | Likely pressures |
55
56### 4. Leverage Assessment
57
58Rate each factor High / Medium / Low for both sides:
59
60| Leverage Type | Client | Opposing Party |
61| --- | --- | --- |
62| Legal — claims strength, precedent, contractual position | | |
63| Economic — resources, market position, alternatives | | |
64| Informational — asymmetric knowledge, discovery exposure | | |
65| Timing — deadlines, limitations periods, market windows | | |
66| Relational — ongoing relationship value, reputation | | |
67
68### 5. BATNA Analysis
69
70| | Client | Opposing Party (est.) |
71| --- | --- | --- |
72| Best alternative | | |
73| Likely outcome if no deal | | |
74| Cost of no deal | | |
75| Timeline of alternative | | |
76| Risks of alternative | | |
77| **Reservation point** | Minimum acceptable | Estimated walk-away |
78| **Target outcome** | Aspirational realistic goal | |
79
80### 6. Risk Matrix
81
82| Risk | Type | Likelihood | Impact | Mitigation |
83| --- | --- | --- | --- | --- |
84| | Legal / Business / Strategic | H/M/L | H/M/L | Specific action |
85
86Flag categories: litigation exposure, regulatory concerns, contractual weaknesses, reputational damage, precedent-setting risk, relationship damage.
87
88### 7. Issue-by-Issue Plan
89
90For each significant issue:
91
92| Issue | Opening | Target | Walk-Away | Value to Us | Value to Them |
93| --- | --- | --- | --- | --- | --- |
94| | | | | H/M/L | H/M/L |
95
96Identify for each issue:
97- **Trade opportunities** — low-cost concessions that are high-value to the other side
98- **Package proposals** — bundled combinations that create value
99- **Sequencing** — optimal order to address issues
100
101### 8. Tactical Recommendations
102
103**Approach:** integrative vs. distributive rationale, anchoring strategy, concession pattern (graduated / reciprocal / contingent), framing.
104
105**Anticipated arguments & responses:**
106
107| Opposing Argument | Response | Supporting Authority / Facts |
108| --- | --- | --- |
109| | | Cite documents, precedent, statutory provisions |
110
111**Process recommendations:**
112- Confidentiality protocol (NDA, FRE 408 / settlement privilege)
113- Stakeholder involvement and escalation triggers
114- Documentation protocol for offers and tentative agreements
115- Expert input needs (financial, technical, industry)
116
117### 9. Action Items
118
119| Action | Owner | Deadline | Priority |
120| --- | --- | --- | --- |
121| Pre-session preparations | | | |
122| Information to gather | | | |
123| Stakeholder decisions needed | | | |
124| Analysis to complete | | | |
125
126Include negotiation timeline with milestones.
127
128## Guidelines
129
130- **Candid assessment** — acknowledge weaknesses; do not overstate leverage.
131- **Cite sources** — tie every factual claim to specific materials reviewed.
132- **Jurisdiction-aware** — flag rules affecting negotiation (FRE 408, state settlement privilege, mandatory mediation).
133- **Confidentiality** — mark as privileged work product; note attorney-client privilege applicability.
134- **Actionable specificity** — tailor every recommendation to the matter facts; no generic advice.
135- **Authority verification** — mark unconfirmed authority with `[VERIFY]`.
136- **Living document** — revise as new information emerges during negotiation.
137
138## Troubleshooting
139
140- **Missing client authority limits**: Flag gap and request before drafting BATNA reservation points.
141- **Sparse opposing-party information**: Mark estimated fields explicitly; recommend discovery or informal information-gathering steps.
142- **Multi-party negotiation**: Duplicate the Interests & Leverage tables per party; note coalition dynamics.
143- **Cross-jurisdictional matters**: Identify each jurisdiction's settlement privilege rules separately; flag conflicts.
144
145---
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