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Transactional General

Negotiation Support

Preparing comprehensive negotiation strategy documents demands hours of analysis across contracts, correspondence, and case materials to identify leverage points, assess risks, and develop tactical recommendations. Legal teams often enter negotiations without fully synthesized intelligence, missing critical opportunities or overlooking vulnerabilities that could significantly impact outcomes.

Automation ROI

Time savings at a glance

Manual workflow8 hoursAverage time your team spends by hand
With CaseMark15 minutesDelivery time with CaseMark automation
EfficiencySave 32.0x time with CaseMark

The Problem

Preparing comprehensive negotiation strategy documents demands hours of analysis across contracts, correspondence, and case materials to identify leverage points, assess risks, and develop tactical recommendations. Legal teams often enter negotiations without fully synthesized intelligence, missing critical opportunities or overlooking vulnerabilities that could significantly impact outcomes.

The CaseMark Solution

CaseMark analyzes all your negotiation materials to generate a complete strategic roadmap including leverage assessment, BATNA analysis, risk evaluation, and tactical recommendations. Get a comprehensive negotiation support document that synthesizes factual background, anticipates opposing arguments, and provides issue-by-issue plans tailored to your specific matter.

What you'll receive

Executive Summary
Factual Background
Interests and Positions Analysis
Leverage Analysis
Risk Assessment and Mitigation
BATNA Assessment
Tactical Recommendations
Issue-by-Issue Negotiation Plan
Anticipated Arguments and Responses
Documentation and Process Guidance
Next Steps and Action Items

Document requirements

Required

  • Negotiation Background Materials

Optional

  • Discovery Materials
  • Financial Documents
  • Prior Negotiation Records
  • Legal Research

Perfect for

Litigators preparing for settlement conferences
Transactional attorneys handling contract negotiations
In-house counsel managing commercial disputes
Managing partners overseeing complex negotiations
Alternative dispute resolution practitioners
Business development professionals supporting legal negotiations

Also useful for

This workflow is applicable across multiple practice areas and use cases

Commercial litigators use negotiation support to prepare for settlement conferences, mediation, and pre-trial negotiations to resolve business disputes efficiently.

Settlement negotiations are a core component of commercial litigation practice, requiring systematic analysis of BATNA, leverage points, and strategic positioning before settlement conferences.

M&A attorneys use negotiation frameworks to prepare for deal negotiations, including purchase price adjustments, representations and warranties, and indemnification terms.

M&A transactions involve complex multi-party negotiations requiring systematic analysis of negotiation positions, alternatives, and leverage points throughout the deal process.

Employment litigators prepare negotiation strategies for settlement discussions in discrimination, wrongful termination, and wage-hour disputes before trial.

Employment cases frequently settle through negotiation, requiring careful assessment of legal leverage, damages analysis, and strategic preparation for mediation or settlement conferences.

IP litigators prepare negotiation strategies for patent infringement settlements, licensing discussions, and dispute resolution in trademark and copyright matters.

IP disputes often involve technical complexities and high stakes that benefit from structured negotiation preparation, including damages analysis and alternative resolution pathways.

Commercial real estate attorneys negotiate purchase agreements, development deals, and resolve disputes over property terms using structured negotiation analysis.

Real estate transactions and disputes require careful negotiation of complex terms, financial considerations, and risk allocation that benefit from systematic preparation and leverage assessment.

Frequently asked questions

Q

What types of negotiations can this tool support?

A

CaseMark supports all types of legal negotiations including settlement discussions, contract negotiations, commercial dispute resolution, M&A transactions, licensing agreements, and employment matters. The tool adapts its analysis to your specific context, whether you're preparing for a mediation, negotiating a complex commercial agreement, or developing strategy for multi-party disputes.

Q

How does CaseMark analyze leverage and BATNA?

A

CaseMark reviews all uploaded materials to identify legal, economic, informational, and relationship-based sources of leverage for each party. It evaluates your alternative options if negotiations fail, assesses likely outcomes and costs of those alternatives, and analyzes the opposing party's BATNA based on available information. This comprehensive assessment helps establish realistic negotiation targets and walk-away points.

Q

What documents should I upload for best results?

A

Upload core documents like contracts, correspondence, and negotiation background materials as required inputs. For more comprehensive analysis, include discovery materials, financial documents, prior negotiation records, and relevant legal research. The more context you provide, the more detailed and tailored your strategic recommendations will be.

Q

How does this differ from generic negotiation advice?

A

Unlike generic negotiation frameworks, CaseMark analyzes your specific documents to provide tailored recommendations grounded in your factual circumstances, legal context, and the parties' actual positions. The tool extracts specific information from your materials, anticipates arguments based on your actual case facts, and develops issue-specific tactical plans rather than broad theoretical guidance.

Q

Can I use this for ongoing negotiations with multiple sessions?

A

Yes, CaseMark is ideal for complex negotiations spanning multiple sessions. You can upload new materials as negotiations progress, including meeting notes, revised proposals, or new correspondence, to generate updated strategic analysis. This allows you to adapt your approach based on developments while maintaining comprehensive documentation of the negotiation evolution.