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: >-4 Generates a strategic negotiation support document with leverage analysis,5 BATNA assessment, risk matrix, and issue-by-issue tactical planning. Use6 when preparing for settlement conferences, mediations, contract negotiations,7 deal structuring, or dispute resolution strategy sessions.8tags:9 - analysis10 - memo11 - litigation12 - transactional13---1415# Negotiation Support1617Strategic negotiation roadmap synthesizing case materials into leverage analysis, risk assessment, and tactical recommendations.1819## Prerequisites20211. **Matter context** — parties, relationship history, negotiation type (settlement / contract / transactional / dispute resolution)222. **Documents** — contracts, correspondence, prior agreements, discovery, financials233. **Client objectives** — goals, constraints, authority limits, timeline244. **Negotiation history** — prior offers, counteroffers, impasses, tentative agreements2526## Quick Start27281. Gather prerequisites above.292. Produce each output section in order (Executive Summary through Action Items).303. Cite source documents for every factual claim.314. Mark unconfirmed legal authority with `[VERIFY]`.325. Label the document as privileged work product.3334## Output Structure3536### 1. Executive Summary3738| Element | Content |39| --- | --- |40| Negotiation type | Settlement / contract / transactional / dispute resolution |41| Parties | Names, roles, relationship summary |42| Core objectives | Client's 3–5 primary goals, ranked |43| Critical issues | Top issues driving negotiation |44| Recommended strategy | Integrative vs. distributive; approach in 2–3 sentences |45| Key recommendation | Single most important strategic action |4647### 2. Factual Background4849Chronological narrative with cited sources covering:50- Relationship history and negotiation genesis51- Key dates, amounts, communications, commitments52- Prior negotiation attempts and outcomes53- Current procedural posture or deal status5455### 3. Interests & Positions Analysis5657| | Client | Opposing Party |58| --- | --- | --- |59| Stated positions | What they demand | What they demand |60| Underlying interests | Economic, operational, reputational, relational | Same categories (estimated) |61| Constraints | Authority, timeline, regulatory | Likely constraints |62| Priorities | Rank order of issues | Estimated rank order |63| Pressure points | Internal deadlines, stakeholder demands | Likely pressures |6465### 4. Leverage Assessment6667Rate each factor High / Medium / Low for both sides:6869| Leverage Type | Client | Opposing Party |70| --- | --- | --- |71| Legal — claims strength, precedent, contractual position | | |72| Economic — resources, market position, alternatives | | |73| Informational — asymmetric knowledge, discovery exposure | | |74| Timing — deadlines, limitations periods, market windows | | |75| Relational — ongoing relationship value, reputation | | |7677### 5. BATNA Analysis7879| | Client | Opposing Party (est.) |80| --- | --- | --- |81| Best alternative | | |82| Likely outcome if no deal | | |83| Cost of no deal | | |84| Timeline of alternative | | |85| Risks of alternative | | |86| **Reservation point** | Minimum acceptable | Estimated walk-away |87| **Target outcome** | Aspirational realistic goal | |8889### 6. Risk Matrix9091| Risk | Type | Likelihood | Impact | Mitigation |92| --- | --- | --- | --- | --- |93| | Legal / Business / Strategic | H/M/L | H/M/L | Specific action |9495Flag categories: litigation exposure, regulatory concerns, contractual weaknesses, reputational damage, precedent-setting risk, relationship damage.9697### 7. Issue-by-Issue Plan9899For each significant issue:100101| Issue | Opening | Target | Walk-Away | Value to Us | Value to Them |102| --- | --- | --- | --- | --- | --- |103| | | | | H/M/L | H/M/L |104105Identify for each issue:106- **Trade opportunities** — low-cost concessions that are high-value to the other side107- **Package proposals** — bundled combinations that create value108- **Sequencing** — optimal order to address issues109110### 8. Tactical Recommendations111112**Approach:** integrative vs. distributive rationale, anchoring strategy, concession pattern (graduated / reciprocal / contingent), framing.113114**Anticipated arguments & responses:**115116| Opposing Argument | Response | Supporting Authority / Facts |117| --- | --- | --- |118| | | Cite documents, precedent, statutory provisions |119120**Process recommendations:**121- Confidentiality protocol (NDA, FRE 408 / settlement privilege)122- Stakeholder involvement and escalation triggers123- Documentation protocol for offers and tentative agreements124- Expert input needs (financial, technical, industry)125126### 9. Action Items127128| Action | Owner | Deadline | Priority |129| --- | --- | --- | --- |130| Pre-session preparations | | | |131| Information to gather | | | |132| Stakeholder decisions needed | | | |133| Analysis to complete | | | |134135Include negotiation timeline with milestones.136137## Guidelines138139- **Candid assessment** — acknowledge weaknesses; do not overstate leverage.140- **Cite sources** — tie every factual claim to specific materials reviewed.141- **Jurisdiction-aware** — flag rules affecting negotiation (FRE 408, state settlement privilege, mandatory mediation).142- **Confidentiality** — mark as privileged work product; note attorney-client privilege applicability.143- **Actionable specificity** — tailor every recommendation to the matter facts; no generic advice.144- **Authority verification** — mark unconfirmed authority with `[VERIFY]`.145- **Living document** — revise as new information emerges during negotiation.146147## Troubleshooting148149- **Missing client authority limits**: Flag gap and request before drafting BATNA reservation points.150- **Sparse opposing-party information**: Mark estimated fields explicitly; recommend discovery or informal information-gathering steps.151- **Multi-party negotiation**: Duplicate the Interests & Leverage tables per party; note coalition dynamics.152- **Cross-jurisdictional matters**: Identify each jurisdiction's settlement privilege rules separately; flag conflicts.153154---
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