My new ‘in-depth’ article for Trusts & Trustees (Oxford University Press) –
Title: ‘Mediating probate & trust disputes – process challenges & tools’ – Part 1.
Abstract:
‘While it is not the function of a mediator to speak truth to power, a mediator can facilitate the re-framing of a dispute as an opportunity, by enabling each participant to think about what is important to them, so that the participants can jointly agree upon a ‘methodology’ i.e. a ‘road map’ for convergence and consensus. This requires a ‘paradigm shift’, i.e. acceptance by each participant that there is a better way of resolving their dispute than proceeding to trial. In Part 1 the author discusses the benefits of mediation, the process, ground-rules, and how best to prepare for the mediation day. In Part 2 (to be written in 2023), the author will discuss the challenges throughout each phase of the mediation day, and the tools available to a mediator to help engineer a sudden outbreak of common sense in a probate and trust dispute.’

The article is now in production and scheduled for publication on line in December, and in the journal worldwide, in February. Following publication I will post details for where a link to the article can be found on my website www.carlislam.co.uk. Part 2 of the article is on schedule to be written before May next year.
I am also completing the writing of an article for Taxation (Tolley) about the mediation of tax disputes. I am planning to submit this for final editorial approval and proof-reading at the end of November, for publication before Christmas. The title of the article is, ‘Follow the Yellow Brick Road – Off to Mediation with HMRC.’