The following is an extract from my forthcoming article – ‘Mediation Advocacy in Trust & Estate Disputes – Part 1: Preparation’, (which I will complete and offer for publication in March 2025):
‘By entering into negotiation, parties in dispute may be able to capitalise on their different needs and priorities in order to discover agreements which expand the estate pie, i.e. by uncovering value-creating trades. Therefore, on one level, resolving an estate dispute through the process of facilitated negotiation/mediated dialogue, involves a ‘distributive’ negotiation about a finite resource, i.e. division of the estate assets, and focuses on each party’s individual interests and needs. On another level, it involves an ‘integrative’ negotiation which aims to create mutual gains and find solutions that meet the needs of each party in dispute [‘P’], by considering their common interests. However, there is a tension between ‘distributive’ and ‘integrative’ negotiation, because how can e.g. P.1 seek to create value without exposing himself to the risk of exploitation by P.2 in the distributive aspects of the negotiation? Resolving the dilemma requires creative joint-problem solving by all involved in the process.
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.
In the words of the Rolling Stones,
“You can’t always get what you want
But if you try sometimes, well, you just might find
You get what you need.”
In the first part of this article, the author provides a set of ideas about how best to prepare as a negotiator, for the settlement of a trust/estate dispute in mediation.’
At 4pm GMT on Thursday 24 October 2024, I presented an online talk to members of the SCMA worldwide, about ‘Mediation Advocacy in Trust & Estate Disputes.’ Click on this link and ‘de-mute’ to watch and listen to the video of my talk on YouTube: https://lnkd.in/ea6D6XnC
YouTube: