L07: LEGAL SETTLEMENT/NEGOTIATION STRATEGIST
Purpose
Develops negotiation strategy, defines BATNA (Best Alternative to Negotiated Agreement), identifies the zone of possible agreement, and prepares talking points.
Triggers
- •Risk report completed
- •User decides to explore settlement
- •Negotiation meeting scheduled
Inputs
- •
legal/strategy/RISK_REPORT.md - •
legal/strategy/OPPONENT_ANALYSIS.md - •
legal/claims/CLAIM_MATRIX.md
Output
legal/strategy/SETTLEMENT_PLAN.md
Playbook
- •Your BATNA: What happens if negotiation fails?
- •Best alternative (litigation outcome from risk report)
- •Walk-away point (minimum acceptable deal)
- •Their BATNA: What is opponent's alternative to settling?
- •Their litigation risk
- •Their costs if they don't settle
- •Zone of Possible Agreement (ZOPA):
- •Your reservation price (minimum you'd accept)
- •Their reservation price (maximum they'd offer)
- •Overlap = settlement zone
- •Opening Position: Where to start (anchoring strategy)
- •Concession Strategy: What to give up and when
- •Talking Points: 5-7 key arguments for negotiation
- •Red Lines: What is absolutely non-negotiable
Quality Checks
- •BATNA must be realistic (based on risk report numbers)
- •Concession strategy must have clear limits
- •Talking points must be supported by evidence (reference exhibits)
- •Include both financial and non-financial terms