‘Mediation Advocacy in Trust & Estate Disputes’

I have started to pull together the threads of my reading about ‘Negotiation’ & to place them in the context of Mediation Advocacy in a trust/estate dispute.

I have also started to draft the Speaking Notes for my online talk to the SCMA worldwide in October about ‘Mediation Advocacy in Trust & Estate Disputes’.

This is an extract from the ‘Introduction’:

Introduction
·       The structure of this talk mirrors the structure of ‘facilitated’ negotiation
during the mediation of a trust/estate dispute – it has:
–     A beginning.
–     A middle.
&
–     An end.
1. Beginning – What is Mediation Advocacy?
2. Middle – Skills?
3. End – Strategies & Traps for the unwary?

The 1st point I will make is that ‘Mediation Advocacy’ = ‘Facilitated Negotiation’. In other words it is not the same as one-dimensional commercial negotiation.

If a negotiator (‘N’), knows how to work ‘with’ instead of ‘against’ the Mediator [‘M’], that opens the door to another dimension – a ‘deal-making’ dimension [‘DMD’].

The DMD is not the same as N’s ‘Deal-Making Zone’ [‘DMZ’].

So, it is a ‘rookie’ mistake to assume that you can somehow get M on your side & then use M to force your opponent into your DMZ by legally ‘bashing them’ on the head’ on your behalf.

M is not a ‘post-box’ & there is always ‘risk’ in any litigation for both parties – not least the Judge you both get.

Effective Mediation is also a more subtle & sophisticated process. That is because your opponent must want to enter into your DMZ – which at some point may overlap with their DMZ.

So, you don’t ‘force’ – instead you ‘attract’, i.e. you ‘draw’ your opponent in.

Thus, to be effective N must be skilled in working ‘with’, rather than ‘through’ or ‘against’ M.

In order to develop this skill in the context of a trust/estate dispute – N
must 1st put himself/herself in the shoes of M. In other words in order to
prepare as a negotiator, a negotiator must 1st prepare as if he/she were the
Mediator.

From October, I should be fully available to act as a Mediator & Negotiator. If you would like to meet me at your offices in London, Leicester, Birmingham, Leeds or Newcastle, or for me to present a short lunchtime talk to your firm in person or by Zoom about ‘Mediation & Negotiation skills’, please email carl@ihtbar.com.