In conflict resolution, there are hard negotiators and soft negotiators. Hard negotiators are the ones who take very aggressive positions, demanding sometimes more than they’d get on their best day in court, and making only minor concessions as the mediation
Beller Smith
Beller Smith is a law firm based in Boca Raton, Florida, specializing in estate planning, trust and estate litigation, and trust and estate administration. The firm also handles probate, guardianship litigation, asset protection, prenuptial and postnuptial agreements, tax-exempt organizations and charitable planning, as well as business formation, transactions, and representation. Their blog focuses on practical legal issues related to trust and estate disputes, mediation strategies, negotiation techniques, and the legal dynamics of estate administration. The content is aimed at providing insights into litigation and mediation processes, emphasizing preparation, negotiation tactics, and understanding legal alternatives in trust and estate matters.
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https://bellersmith.com
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What the heck is a BATNA – and why do I need to know?
Mediators and advocates often say at some point during mediation something like the following: A good settlement is one where everyone is equally unhappy. I admit I used to say this in my mediation openings. But that was before I…
Trusts, Due Process, and Mediated Settlements
You have to love an appellate decision that starts off like this: “The legal historian Frederic William Maitland is reputed to have said, ‘The law is a seamless web.’ He didn’t.” Breslin v. Breslin, 62 Cal. App. 5th 801 (Cal.…
The Meta-Game of T&E Mediation
In around 2008, I became certified as a “Circuit Civil Mediator” by the Florida Supreme Court, intending for mediation to be an additional component to my trust and estates litigation practice. In the years since, I have successfully mediated cases…