‘The “Interdependence” dynamic in Mediation.’

Interdependence can result in 2+2 = 6. That is because of ‘synergy’, i.e. the participants can each gain more by working together than by working against each other. In the Mediation of a probate dispute synergy takes many different forms. It of course includes: (i) preserving the capital value of an estate by avoiding the incurrence of costs – which is why Mediation should be entered into before significant costs are incurred; and (ii) creative expansion of the estate pie through a tax-efficient post-death restructuring of estate assets i.e. to maximise any available IHT exemptions & reliefs within the available time window – which is another reason why Mediation should be entered into early, otherwise the opportunity is lost. So, a Mediation Advocate needs to be able to spot an estate planning opportunity when he sees one & then to take expert advice from a CTA. I have dedicated an entire chapter in my new book to this subject. It will not turn you into an estate planning expert overnight, but I hope that it will open your eyes to the creative opportunities that exist, which can be explored in Mediation if the participants each approach & enter into the process with an open and enquiring mind. The ‘interdependence’ dynamic transforms competitors into partners who focus on the problem & not the people & thereby are able to turn a challenge into an opportunity for mutual gain.  This requires the participants & their legal advisors to work with rather than through or against the Mediator & to prepare in advance to explore the existence of common ground which could potentially expand the estate pie.