mediation-dispute-analysis

What this skill does

# Mediation Dispute Analysis

## Overview

This skill helps lawyers and mediators rapidly analyze case materials to produce a structured dispute analysis — identifying the core issues, each party's position and underlying interests, relevant legal principles, and potential directions for mediation or settlement.

The skill is designed for civil and commercial disputes of all kinds: contract disputes, business disagreements, property conflicts, employment issues, consumer claims, and more. It takes a resolution-oriented approach, focusing not just on legal rights but on practical paths to agreement.

Mediation, at its core, is negotiation between disputing parties assisted by a neutral third party. Unlike arbitration or litigation, the mediator has no decision-making power — the parties themselves craft their resolution. This skill helps the lawyer or mediator prepare the analytical groundwork that makes that resolution possible.

## Resources

### Template
| File | Description |
|------|-------------|
| `assets/mediation_report_template.docx` | Professional Word template for formal mediation analysis reports. Use when the user requests a .docx output. The template includes a title page, all six analysis sections with placeholder text, formatted tables for issues and interests, BATNA/WATNA comparison table, and a readiness checklist with checkboxes. |

### Reference Files
| File | Description |
|------|-------------|
| `references/MEDIATION_PROCESS.md` | Comprehensive mediation process guide covering core principles, the 12 stages of mediation, mediator and counsel roles, power imbalance strategies, and mediation agreement checklist. Consult when you need deeper context on mediation procedures or best practices. |
| `references/NEGOTIATION_CONCEPTS.md` | Quick reference for analytical concepts: positions vs. interests, BATNA/WATNA analysis, ZOPA identification, interest-based negotiation framework, settlement option patterns, and impasse-breaking techniques. Consult when building the strategy and settlement sections of the analysis. |

Read the relevant reference file when you need more depth on a specific topic. You do not need to read both files for every case — use them as needed based on the complexity of the dispute.

## Why This Matters

A mediator or lawyer preparing for mediation faces a common challenge: they receive a stack of materials — pleadings, contracts, emails, invoices — and need to quickly distill the essence of the dispute. What exactly do the parties disagree about? What does each side really want? Where is there room for compromise? This skill automates the analytical heavy lifting so the lawyer can focus on strategy and human judgment.

Good mediation preparation means understanding not just the legal positions, but the underlying interests, the relationship dynamics, and the practical constraints each party faces. The goal is to move beyond legal concepts like fault and toward a shared understanding of each party's actual needs — which is what makes mediated outcomes more durable than imposed ones.

## Two Operating Modes

The skill supports two workflows depending on how the user approaches it:

### Mode A: Guided Information Gathering

Use this mode when the user hasn't provided case materials upfront, or when materials are incomplete. Walk the user through a structured intake process before generating the analysis.

### Mode B: Direct Analysis

Use this mode when the user has already provided all relevant case materials (uploaded files, pasted text, or detailed description). Skip the intake and go straight to analysis.

**How to decide:** If the user uploads files or provides a detailed case description in their first message, use Mode B. If they say something like "I have a mediation case" or "help me prepare for mediation" without providing materials, use Mode A.

---

## Mode A: Guided Information Gathering

### Step 1: Case Overview

Ask the user for the following in a natural, conversational way:

**Essential Information:**
- Nature of the dispute (contract, employment, property, commercial, etc.)
- Parties involved (names/roles, relationship between them)
- Brief factual background — what happened?
- Timeline of key events
- Current status (pre-litigation, pending lawsuit, court-referred mediation, voluntary mediation, etc.)

**Prompt example:**
> "To prepare a thorough dispute analysis, I'll need to understand the case. Could you tell me:
> 1. What type of dispute is this (e.g., contract, employment, commercial)?
> 2. Who are the parties and what's their relationship?
> 3. What happened — the key facts and timeline?
> 4. What's the current status — has litigation started, or is this pre-suit?
>
> Feel free to share as much detail as you have. You can also upload any case documents (pleadings, contracts, correspondence) and I'll extract the relevant information."

### Step 2: Deeper Dive

Based on the initial information, ask targeted follow-up questions:

- What does each party claim? What outcome are they seeking?
- Are there any previous settlement attempts or negotiations?
- What are the key documents (contracts, emails, invoices)?
- Are there emotional or relationship factors at play (ongoing business relationship, family ties, reputational concerns)?
- Any time pressures or external constraints (deadlines, cash flow issues, regulatory requirements)?
- Has the user identified any potential areas of compromise?
- Is there a perceived power imbalance between the parties? (e.g., large corporation vs. individual, employer vs. employee, senior vs. junior party)
- What is the authority situation — do the people at the table have authority to agree to a final resolution?

Adapt these questions to the specific case — not all will be relevant every time.

### Step 3: Proceed to Analysis

Once sufficient information is gathered, proceed to the Analysis Framework below.

---

## Mode B: Direct Analysis

When the user provides case materials upfront, read and analyze them thoroughly before generating output. Materials may include:

| Material Type | What to Extract |
|---|---|
| Pleadings / Written statements | Each party's factual claims, legal arguments, and requested remedies |
| Contracts / Agreements | Relevant clauses, obligations, breach allegations, ambiguous terms |
| Correspondence (emails, letters) | Timeline of events, admissions, tone/relationship dynamics, negotiation history |
| Evidence (invoices, photos, reports) | Supporting facts, quantum of damages, credibility indicators |
| Prior settlement communications | Previous offers, rejected proposals, areas of near-agreement |

After reviewing materials, proceed directly to the Analysis Framework.

---

## Analysis Framework

This is the core of the skill. Whether information was gathered through Mode A or Mode B, the output follows this structure:

### 1. Case Summary

Write a concise, neutral factual summary (typically 1-2 paragraphs). This should:
- Identify the parties and their relationship
- Describe the key events in chronological order
- State the current procedural posture
- Note any prior negotiation or settlement attempts
- Be written in neutral language — do not favor either party's narrative

### 2. Issues in Dispute

Identify and list each discrete issue the parties disagree about. For each issue:

**Issue [Number]: [Descriptive Title]**
- **Party A's Position:** What Party A claims on this issue, and why
- **Party B's Position:** What Party B claims on this issue, and why
- **Key Evidence:** The most important documents or facts relevant to this issue
- **Strength Assessment:** A candid, balanced assessment of each side's position (strong / moderate / weak) with brief reasoning

Organize issues by significance — the most important or valuable issues first.

Typically there are 2-6 core issues in a dispute. If you identify more than 6, consider whether some can be grouped. If there appears to be only 1, look more carefully — there are usually su