Rohas Legal AI: Conciliation

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---
name: conciliation-proposal-drafter
description: Drafts a structured settlement proposal for use in conciliation or mediation, converting a party's interests, priorities, valuation, non-monetary needs, and authorised concessions into clear conditional terms without accidentally creating a concluded settlement. Use when a user wants to make, revise, compare, or package an offer for a facilitated settlement process, including opening proposals, option packages, staged payments, reciprocal concessions, or mediator-transmitted terms. Distinct from settlement-terms-drafter, which documents a deal after agreement rather than proposing one.
---

# Conciliation Proposal Drafter

## Purpose

Turn authorised settlement positions into a proposal that is understandable, internally consistent, capable of acceptance or counterproposal, and clearly distinguished from a final binding agreement.

## Required inputs

Obtain:

- the parties and disputes to be settled;
- the user's side, objectives, priorities, and settlement authority;
- the relief claimed, realistic exposure, supplied valuation, and non-monetary interests;
- the intended audience: other party, conciliator only, or both;
- prior offers, accepted points, rejected points, and live deadlines;
- payment capacity, timing, security, tax assumptions, confidentiality needs, and implementation constraints; and
- the governing procedural framework for confidentiality, privilege, admissibility, and costs consequences.

Do not invent a bottom line, authority, valuation, concession, or threat. If authority is incomplete, draft labelled options for approval rather than an offer capable of unintended acceptance.

## Method

1. Classify the document as an opening proposal, revised offer, option package, mediator-only suggestion, or term sheet subject to final documentation. State its intended legal status and recipient.
2. Create an internal proposal ledger: disputed issue, user's stated interest, opening position, authorised movement, requested reciprocity, implementation requirement, and unresolved instruction.
3. Separate factual background from bargaining language. Include only enough background to identify the dispute and rationale; do not re-plead the entire case.
4. Draft terms as linked exchanges where appropriate: `If A, then B`. State whether terms are offered only as a complete package or may be accepted separately.
5. Make money terms operational. Specify amount, currency, tax treatment or verification, instalments, dates, destination, fees, security, interest, early payment, and consequences of missed payment.
6. Make non-monetary terms operational. Specify acts, documents, access, delivery, reference language, apology, correction, confidentiality, non-disparagement, future dealings, and responsible person.
7. Define the proposed release perimeter, affected proceedings, costs, admissions position, third-party dependencies, and steps needed to convert the proposal into signed settlement terms.
8. State duration, withdrawal, acceptance method, authority conditions, and whether further documentation is required before any binding effect. Verify these consequences under the governing law rather than relying on the heading alone.
9. Use neutral, solution-focused language. Explain legitimate objective reasons for a term without exaggerating evidence, legal certainty, or consequences.
10. Run arithmetic, date, dependency, and consistency checks against earlier offers and supplied authority.

## Output

Produce:

1. **External proposal**, ready for legal and client approval.
2. **Term table** — issue, proposed resolution, responsible party, deadline, dependency, and status.
3. **Cover note**, if requested, stating process status and response mechanics.
4. **Internal approval list** — assumptions, authority still needed, valuation checks, and terms requiring legal verification. Keep this separate from the external document.

## Guardrails

- Do not imply that a proposal is binding or non-binding solely because it is labelled that way; verify offer, acceptance, and form requirements.
- Do not disclose the user's walk-away position, private instructions, or mediator-only information without express authority.
- Do not fabricate litigation risk, evidence, deadlines, competing offers, or ability to perform.
- Do not use `without prejudice`, confidentiality, or costs labels as universal protections; confirm the applicable regime.
- Do not draft a release broader than the disputes and parties the user has authorised for settlement.

Referenced files: 1

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---
name: conciliator-brief-drafter
description: Drafts a concise brief for a conciliator or mediator explaining the dispute, procedural posture, agreed and disputed facts, claims and defences, evidence, commercial interests, negotiation history, settlement obstacles, and practical resolution space. Use when a party needs a confidential mediator statement, exchangeable position paper, pre-session brief, chronology, or document bundle index. Distinct from conciliation-proposal-drafter, which communicates proposed terms, and from litigation submissions intended to persuade an adjudicator.
---

# Conciliator Brief Drafter

## Purpose

Give the neutral enough reliable context to understand the dispute and facilitate productive movement, while keeping exchangeable material separate from confidential caucus information.

## Required inputs

Obtain the pleadings or principal claims, contract or relationship documents, key correspondence, chronology, present procedural status, prior offers, party objectives, supplied legal analysis, evidence strengths and gaps, commercial or relational interests, attendees, settlement authority, and session logistics.

Ask whether the brief will be exchanged, supplied confidentially to the conciliator, or split into an exchangeable brief and confidential annex. Treat that choice as blocking because it determines what may safely be included.

## Method

1. Define audience, confidentiality status, word or page limit, delivery date, and any process rule governing mediator communications. Put the status conspicuously on the document.
2. State the dispute in one neutral paragraph: parties, relationship, event giving rise to the dispute, amounts or relief at issue, and present stage.
3. Build a sourced chronology. Distinguish agreed facts, the submitting party's allegations, the other party's stated case, and facts genuinely unknown.
4. Organise the merits by issue rather than by document order. For each issue, state the party's position, principal response, key evidence, legal dependency, and practical significance. Verify current legal propositions from authoritative sources when needed.
5. Identify the real interests beneath pleaded positions: cash flow, timing, reputation, control, continuity, precedent, confidentiality, apology, operational change, or finality. Attribute each interest only when supplied or evidenced.
6. Summarise negotiation history accurately, including live offers, expired offers, agreed points, and reasons a proposal failed. Do not reveal protected terms to an unauthorised recipient.
7. Explain settlement obstacles and possible architecture without presenting unapproved terms as an offer. Identify contingent deals, sequencing, security, non-monetary value, third-party approval, tax, or implementation issues that the neutral may explore.
8. Identify session dynamics useful to the neutral: participants, authority limits, accessibility or language needs, relationship sensitivities, separate-session requests, and time constraints.
9. Select only documents necessary to understand the dispute. Provide pinpoint references and a bundle index; do not bury the conciliator in an undifferentiated record.
10. Remove advocacy excess, unsupported accusations, privileged internal advice, irrelevant personal material, and confidential content that belongs only in a separate annex.

## Output

Produce:

1. **Conciliator brief** — executive overview, background, chronology, issues, evidence, interests, negotiation history, and process needs.
2. **Issue-and-evidence table** with source references and gaps.
3. **Key document index**.
4. **Confidential annex**, only when authorised, containing mediator-only information clearly segregated from exchangeable content.
5. **Verification list** — facts, authorities, figures, permissions, and confidentiality questions needing confirmation.

## Guardrails

- Do not mislead the neutral by omitting a material adverse fact while presenting a purportedly balanced account.
- Do not disclose legal advice, reserve positions, authority limits, or caucus communications without explicit permission.
- Do not describe disputed facts as agreed or a negotiation statement as an admission.
- Do not use personal or sensitive information unless it is relevant, authorised, and appropriate for the chosen audience.
- Do not turn the brief into adjudicative written submissions; optimise for understanding and settlement work.

Referenced files: 1

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---
name: pre-institution-mediation-advisor
description: Assesses pre-institution and pre-litigation mediation requirements in India, especially section 12A of the Commercial Courts Act, 2015, the applicable rules, genuine urgent-interim-relief cases, limitation treatment, authorised mediation authorities, process steps, timelines, non-starter outcomes, and settlement effect. Use when a user asks whether mediation is mandatory before filing an Indian commercial suit, how to commence the process, whether urgency permits direct filing, or what certificate or record is needed afterward. Use current official sources because statutory provisions and commencement notifications may change.
---

# Pre-Institution Mediation Advisor (India)

## Purpose

Determine whether a proposed proceeding must pass through pre-institution mediation, identify the correct route and authority, and produce a filing-ready process plan without manufacturing urgency or assuming every mediation statute is fully commenced.

## Required inputs

Obtain:

- the proposed claims, remedies, defendants, and intended court or tribunal;
- facts relevant to whether the dispute is a commercial dispute and its specified value;
- the cause-of-action and limitation chronology;
- any urgent interim relief genuinely required, the threatened harm, and supporting evidence;
- prior notices, settlement or mediation steps, and refusal or non-participation records;
- party names, addresses, contact details, and service information; and
- the proposed filing date, forum-specific requirements, and status of related proceedings.

Treat the intended proceeding, claim classification, specified value, urgency case, and limitation dates as blocking. Do not advise direct institution merely because the pleading can request an interim order.

## Method

1. Retrieve the current official text of the Commercial Courts Act, 2015, section 12A, the current Commercial Courts (Pre-Institution Mediation and Settlement) Rules, amendments, notifications authorising authorities, and controlling decisions. Record the source date.
2. Retrieve the current official commencement notifications for the Mediation Act, 2023. Apply only provisions actually brought into force and check any savings, overriding, transition, and Commercial Courts Act interface. Do not infer whole-Act commencement from the title's enforcement date.
3. Classify the proposed case:
   - Is it a suit rather than an arbitration, petition, appeal, or other proceeding?
   - Is it a commercial dispute within the current definition?
   - Does it meet the current specified-value threshold and valuation method?
   - Does another special statute or forum alter the route?
4. Test the urgent-interim-relief position factually. Identify the immediate right at risk, date of threatened harm, relief needed before mediation could conclude, evidence, prior delay, and why damages or ordinary protection is inadequate. Separate genuine urgency from drafting labels.
5. Give a conclusion as `Required`, `Not required`, or `Uncertain pending verification`, with each element, authority, and factual dependency shown.
6. If required, identify the currently authorised mediation authority and local filing location. Verify the current form, fee, documents, copies, modes of filing, service process, appearance rules, online options, and consequences of non-participation.
7. Build the statutory timeline from the actual application date. Verify the current initial period, any consensual extension, limitation exclusion or suspension, non-starter procedure, non-settlement report, and date on which suit may safely be filed.
8. If settlement occurs, verify writing, signatures, mediator authentication, registration or filing options, legal status, enforcement, challenge, stamp or tax issues, and steps for disposing of related proceedings.
9. Preserve evidence: application receipt, fee, service, attendance, communications permitted to be retained, authority letters, settlement or non-settlement record, and limitation calculation.
10. Flag High Court, State or District Legal Services Authority, commercial court, and electronic-filing requirements for local verification.

## Output

Produce:

1. **Applicability decision** — element, fact, authority, conclusion, and unresolved point.
2. **Urgency assessment**, if direct filing is contemplated.
3. **Process map** — actor, document, authority, deadline, and proof to retain.
4. **Limitation and filing-date table**, showing assumptions and alternative dates.
5. **Application checklist** and draft factual summary, if requested.
6. **Outcome map** — settlement, refusal, non-starter, non-settlement, and next procedural step.

## Guardrails

- Do not rely on summaries or remembered case law where current official text and authoritative decisions are required.
- Do not state that all provisions of the Mediation Act, 2023 are operative without checking provision-specific commencement notifications.
- Do not manufacture or exaggerate urgent interim relief to avoid the process.
- Do not calculate limitation silently; show the triggering dates, exclusions, source, and uncertainty.
- Do not treat confidential mediation communications as evidence for the later suit unless the governing law expressly permits disclosure.

Referenced files: 1

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---
name: settlement-terms-drafter
description: Converts an agreed settlement reached through conciliation, mediation, or negotiation into complete written terms covering parties, scope, payment or performance, conditions, releases, proceedings, confidentiality, default, security, costs, tax, authority, execution, and enforcement status. Use when users have agreed a deal and need heads of settlement, a mediated settlement agreement, consent terms, or a full and final settlement document. Distinct from conciliation-proposal-drafter, which drafts an offer before agreement exists.
---

# Settlement Terms Drafter

## Purpose

Turn the settlement actually reached into an executable instrument with no hidden gaps between commercial agreement, closing steps, release, and disposal of proceedings.

## Required inputs

Obtain:

- every settling party's exact legal identity, capacity, signatory authority, and advisers;
- the disputes, claims, contracts, proceedings, awards, or notices within scope;
- the agreed commercial terms and points expressly left open;
- payment, performance, security, tax, confidentiality, announcement, and timing details;
- intended release scope, preserved claims, third-party effects, and costs allocation;
- governing law, forum, settlement process, mediator or conciliator role, and intended legal status; and
- execution method, conditions precedent, approvals, filing, registration, stamping, or court disposal required.

Treat party identity, agreed consideration, release perimeter, conditions, and intended binding point as blocking. Do not fill a material open term with a supposed market default.

## Method

1. Create a settlement ledger before drafting: agreed term, source or confirmation, responsible party, deadline, dependency, evidence of completion, consequence of failure, and unresolved instruction.
2. Define the settlement perimeter precisely. Identify released claims, unknown or future claims if authorised, preserved rights, affected contracts, affiliates, officers, insurers, guarantors, and non-parties. Do not use `full and final` as a substitute for this analysis.
3. State when binding effect begins: signature, last signature, mediator authentication, payment, approval, court order, or another condition. Separate formation from later completion obligations.
4. Draft payment mechanics completely: amount, currency, tax or withholding treatment, invoice, destination, instalments, dates, banking costs, interest, security, escrow, early payment, and receipt evidence.
5. Draft non-monetary performance with objective completion criteria, responsible persons, access, documents, delivery method, cooperation, verification, and long-stop dates.
6. Sequence proceedings and releases. Decide whether withdrawal, consent disposal, satisfaction, discontinuance, return of security, or release occurs before, simultaneously with, or after performance. Protect each side against an unsecured sequencing gap.
7. Draft default consequences proportionately: notice, cure, acceleration, interest, security enforcement, revival or preservation of claims, agreed judgment or consent order where lawful, costs, and forum. Check penalties and enforceability under the governing law.
8. Address admissions, confidentiality, permitted disclosures, compelled disclosure, announcements, non-disparagement, references, data or document return, and survival. Make exceptions workable for advisers, regulators, tax, audit, insurers, and enforcement.
9. Address authority, representations limited to settlement mechanics, no reliance if agreed, costs, tax responsibility, third-party rights, assignment, variation, waiver, severability, entire agreement, counterparts, electronic signatures, and notices.
10. Verify the intended statutory status. Check whether the settlement needs mediator authentication, registration, court recording, an arbitral consent award, stamping, notarisation, or another formality. Do not state that it has award or decree status without the applicable legal basis.
11. Run cross-document, arithmetic, date, defined-term, signature-block, release, and closing-sequence checks.

## Output

Produce:

1. **Settlement agreement or consent terms**, in the requested form.
2. **Closing checklist** — action, party, deadline, dependency, and completion evidence.
3. **Proceedings-disposal checklist**.
4. **Open-issues schedule**, separating essential terms from drafting choices.
5. **Verification note** — authority, tax, stamp, registration, mediator authentication, court or tribunal steps, and local execution requirements.

## Guardrails

- Do not broaden the release, confidentiality duty, admission, indemnity, or default remedy beyond the recorded agreement.
- Do not make a non-party release claims or assume obligations without authority and consideration analysis.
- Do not draft impossible dates, circular conditions, unsecured sequencing, or contradictory revival and release provisions.
- Do not state that tax, stamp duty, registration, enforceability, or consent-award treatment is settled without current jurisdiction-specific verification.
- Preserve mediator and caucus confidentiality; include only agreed terms, not confidential explanations of how agreement was reached.

Referenced files: 1