Mediation Analysis

⚠️ EXPERIMENTAL — This skill is provided for educational and informational purposes only. It does NOT constitute legal advice. All responsibility for usage rests with the user. Consult qualified legal professionals before acting on any output.

Mediation Analysis

Production-ready framework for analyzing disputes and preparing mediation strategy. Covers the full cycle from dispute assessment through settlement calculation, interest mapping, and mediation readiness.

Table of Contents

• Operating Modes
• Tools
• Core Analysis Framework
• Underlying Interests Analysis
• Legal Analysis
• Settlement Strategy
• Reference Guides
• Workflows
• Troubleshooting
• Success Criteria
• Scope and Limitations
• Anti-Patterns
• Tool Reference

Operating Modes

Mode 1: Guided Information Gathering

Use when starting from scratch without structured materials.

Step 1 -- Dispute Overview:

• Who are the parties? (names, roles, relationship)
• What is the dispute about? (summary in neutral terms)
• When did the dispute arise? (timeline of key events)
• What is the current status? (pre-litigation, filed, discovery, trial date)

Step 2 -- Positions and Claims:

• What does each party want? (stated positions)
• What are the claimed amounts? (monetary and non-monetary)
• What evidence supports each side?
• What are the weaknesses in each side's case?

Step 3 -- Context and Constraints:

• Is there an ongoing relationship? (employment, commercial, family)
• Are there power imbalances? (resources, information, leverage)
• Are there time pressures? (deadlines, statute of limitations)
• What has been tried so far? (direct negotiation, prior mediation)

Mode 2: Direct Analysis

Use when dispute materials are already available (pleadings, correspondence, statements).

Provide the materials and specify which analysis sections are needed. The framework will extract the structured analysis from the raw materials.

Tools

Dispute Analyzer

Extracts structured dispute data from text descriptions.

# Analyze a dispute description
python scripts/dispute_analyzer.py --input dispute.txt

# Analyze with JSON output
python scripts/dispute_analyzer.py --input dispute.txt --json

# Analyze inline text
python scripts/dispute_analyzer.py --text "Party A claims breach of contract for failure to deliver..."

# Save structured analysis
python scripts/dispute_analyzer.py --input dispute.txt --output analysis.json

Settlement Calculator

Calculates BATNA, WATNA, ZOPA, and settlement scenarios.

# Calculate from parameters file
python scripts/settlement_calculator.py --input params.json

# Calculate with JSON output
python scripts/settlement_calculator.py --input params.json --json

# Quick inline calculation
python scripts/settlement_calculator.py \
  --claimed 500000 \
  --litigation-cost-a 80000 \
  --litigation-cost-b 120000 \
  --probability 0.65 \
  --time-to-trial 18

# Save settlement analysis
python scripts/settlement_calculator.py --input params.json --output settlement.json

Core Analysis Framework

The analysis produces 6 sections. Each section builds on the previous.

Section 1: Case Summary

Write a neutral chronological summary covering:

Neutrality check: The summary should be acceptable to both parties. Avoid characterizing conduct as "wrong" or "unreasonable."

Section 2: Issues in Dispute

For each issue, document:

Section 3: Underlying Interests Analysis

Move beyond positions to interests. See detailed section below.

Section 4: Legal Analysis

Per-issue assessment of legal merits. See detailed section below.

Section 5: Mediation Strategy and Settlement Directions

BATNA/WATNA, ZOPA, and settlement scenarios. See detailed section below.

Section 6: Mediation Readiness Checklist

Underlying Interests Analysis

Interests are the needs, concerns, and motivations behind stated positions.

Interest Categories

Interest Mapping

For each party, map interests by category and priority:

Shared and Compatible Interests

Identify interests both parties share or that do not conflict:

• Shared: Both want confidentiality, speed, cost control
• Compatible: A wants acknowledgment, B wants no public admission -- private acknowledgment possible
• Conflicting: A wants maximum payment, B wants minimum payment -- negotiation zone needed

Barriers to Resolution

Legal Analysis

For each disputed issue, assess:

Settlement Strategy

BATNA / WATNA Analysis

ZOPA Identification

The Zone of Possible Agreement exists when Party A's minimum acceptable settlement is less than Party B's maximum they would pay.

Party A minimum = Expected trial value - litigation costs - risk discount
Party B maximum = Expected trial liability + litigation costs + risk premium

ZOPA exists when: A minimum < B maximum
ZOPA range: [A minimum ... B maximum]

Settlement Scenarios

Reference Guides

Workflows

Workflow 1: Full Mediation Preparation

1. Gather dispute information (Mode 1 or Mode 2).
2. Run scripts/dispute_analyzer.py on available materials.
3. Complete the 6-section Core Analysis Framework.
4. Run scripts/settlement_calculator.py with dispute parameters.
5. Prepare opening statement and settlement proposals.
6. Complete Mediation Readiness Checklist.
7. Validation: All 6 sections complete, BATNA/ZOPA calculated, proposals prepared.

Workflow 2: Quick Settlement Range

1. Identify claimed amount, litigation costs, and success probability.
2. Run scripts/settlement_calculator.py with parameters.
3. Review ZOPA range and three scenarios.
4. Adjust parameters for sensitivity analysis.
5. Validation: Settlement range established with supporting rationale.

Workflow 3: Multi-Party Mediation

1. Map all parties and their relationships.
2. Run dispute analysis for each bilateral relationship.
3. Identify coalition possibilities and shared interests.
4. Calculate settlement ranges for each party pair.
5. Design package deals that address all parties' core interests.
6. Validation: Each party pair analyzed, coalitions mapped, package options developed.

Troubleshooting

Success Criteria

Scope & Limitations

In scope: Dispute analysis, interest mapping, settlement calculation, mediation preparation, negotiation strategy.

Out of scope: Acting as mediator, providing legal advice, predicting judicial outcomes with certainty, drafting settlement agreements, representing parties.

Disclaimer: This skill provides an analytical framework for mediation preparation. It does not constitute legal advice. Settlement calculations are estimates based on inputs provided and should be validated by qualified counsel.

Anti-Patterns

Tool Reference