‘Expert Mediation’ (a new model of Co-Mediation for Probate & Trust Disputes) – I am developing a new model of Co-Mediation for Probate & Trust disputes (including International Trust and Breach of Fiduciary Duty disputes), which I call ‘Expert Mediation’.
The Co-Mediation process involves:
Adjudicative evaluation by one Co-Mediator (‘A’) with the conclusion about merits being communicated before the start of the Mediation day to: (i) the other Co-Mediator (‘B’), and to each Participant separately (i.e., about the legal and procedural merits of their own case but not that of their opponent).
Facilitative Mediation on the Mediation day being led by Co-Mediator B with Co-Mediator A being available for consultation by Co-Mediator B and each participant in private sessions.
Therefore, the legal and procedural evaluation of each Participant’s case (including litigation and costs risks), is not communicated to their opponent.
I am planning to launch this new Co-Mediation service later in the year.
Where a significant tax issue is associated with what is at stake, then in preparation for settlement the participants also need to prepare for Mediation by obtaining professional tax advice, which is discussed in my forthcoming article for Taxation (Tolley), which will be published in two parts entitled, ‘Back to the Future – Mediation & Estate Planning’.  A process of Expert Mediation could therefore also involve a Chartered Tax Advisor.
To arrange an initial Zoom Consultation to discuss how I can help you, please either send an email to carl@ihtbar.com or contact my Clerk at 1 Essex Court:
Tel: 020 7936 3030 or 020 7832 1010.
Tel out of hours: 07721 866 858.
Email: clerks@1ec.co.uk.
For more information please visit my website, www.ihtbar.com.