‘My online talk to members of the Standing Conference of Mediation Advocates worldwide on 24 October 2024’

Subject: ‘Mediation Advocacy in Trust & Estate Disputes.’

Speaker: Carl Islam, Barrister, SCMA Accredited mediation Advocate, CMC Mediator, Author of the Contentious Trusts Handbook and the Contentious Probate Handbook, published by the Law Society, 1 EC Barristers, Temple, London (www.1ec.co.uk & www.carlislam.co.uk).

Slides and Speaking Notes for the talk are now available to view of the ‘Mediation Advocacy’ page at www.carlislam.co.uk. You will also find an updated Research Bibliography on that page.

Structure of the talk:

SLIDE 1 –  First things first! – Understanding P’s objectives & reasons.
SLIDE 2 –  Commercial planning.
SLIDE 3 –  Hidden costs.
SLIDE 4 –  Hidden value & the Interdependence paradigm.
Slide 5A –  Deal-Making Zone (‘DMZ’).
Slide  5B – Visual Representation of the DMZ.
SLIDE 6 –  Offers.
SLIDE 7 –  Negotiation mindset.
SLIDE 8 –  Negotiation strategy.
SLIDE 9 –  Negotiation behaviour.
SLIDE 10 – Conclusion.

Introduction:

In Mediation, the possibilities are only limited by the imagination of the participants and their Mediation Advocates. Whilst not infinite, in my experience, ‘doable’ deals that ‘are enough’ are invariably possible. This requires creative joint-problem solving by all involved in the process.

In this talk, I will present my ideas about the process and negotiation, i.e. Mediation Advocacy ‘tools’, for achieving a ‘creative’ win/win outcome in the Mediation of a trust/estate dispute.