casemark/negotiation-support
skills/legal/negotiation-support/SKILL.md
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.
$ install --global
skillsauthnpx skillsauth add casemark/skills negotiation-supportInstall this skill globally with one command. Works with Claude Code, Cursor, and Windsurf.
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SKILL.md
- name:
- negotiation-support
- language:
- en
- description:
- >-
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.
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