# Mediation preparation
> Source: https://legalcode.md/skills/legalcode-mediation-preparation | [HTML version](https://legalcode.md/skills/legalcode-mediation-preparation)

Prepare comprehensive mediation materials including opening and confidential mediation statements, BATNA/WATNA/MLATNA analysis, settlement range development…

Prepare comprehensive mediation materials including opening and confidential mediation statements, BATNA/WATNA/MLATNA analysis, settlement range development with probability-weighted outcomes, zone of possible agreement (ZOPA) identification, and strategic concession planning. Use when preparing for a commercial mediation session, selecting a mediator, organizing pre-mediation discovery and evidence, confirming settlement authority and decision-maker attendance, drafting opening statements, or developing phase-by-phase negotiation tactics. Evaluates cost-benefit of settlement vs. continued litigation with risk-adjusted present value analysis. Covers mediator selection criteria, multi-party coordination, joint session and caucus strategy, impasse diagnosis, and exit protocols. Supports evaluative and facilitative mediation approaches from claimant, defendant, or multi-party perspectives. Jurisdiction-agnostic with [JURISDICTION-SPECIFIC] markers for US, UK, and AU mediation practice and settlement enforceability. Integrates with legalcode-settlement-negotiation for settlement corridor modeling, legalcode-early-case-assessment for merits input, and legalcode-damages-calculation for exposure quantification.

This skill prepares a comprehensive mediation package for civil disputes proceeding to mediation. It operationalizes the full pre-mediation workflow — from mediator selection and brief drafting to BATNA/WATNA analysis, concession planning, and impasse exit protocols — into a decision-ready deliverable. This skill is **operationally distinct** from `legalcode-settlement-negotiation`, which builds the macro settlement framework. Use both skills in sequence: run `legalcode-settlement-negotiation` first to establish the settlement corridor and probability model, then run this skill to operationalize those parameters for the mediation event itself. If no prior settlement analysis exists, this skill can build BATNA/WATNA/MLATNA from scratch. **Covers:** - BATNA (Best Alternative to Negotiated Agreement), WATNA (Worst Alternative to Negotiated Agreement), and MLATNA (Most Likely Alternative to Negotiated Agreement) analysis with probability weighting - ZOPA (Zone of Possible Agreement) identification, corridor mapping, and gap analysis - Risk-adjusted present value (RAPV) comparison of settlement vs. continued litigation - Settlement range development: floor, target, ceiling with confidence scoring - Mediation statement drafting: opening (shared) and confidential (mediator-only) - Mediator selection criteria: evaluative vs. facilitative style, experience, neutrality - Pre-mediation discovery organization: evidence summary, damages package, liability brief - Settlement authority confirmation and decision-maker attendance logistics - Opening statement preparation: narrative strategy, tone, credibility signaling ...

## Jurisdictions

Global



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