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
Trust & Estates Mediation Blog
The Trust & Estates Mediation Blog, published by Beller Smith, focuses on mediation and dispute resolution within the trust and estates legal field. It covers topics such as strategies for dealing with difficult negotiators, the importance of understanding BATNA (Best Alternative to a Negotiated Agreement) in mediation, due process issues in trust disputes, and practical advice for attorneys preparing for mediation sessions. The blog also explores the dynamics and philosophy of mediation specific to trust and estate conflicts, including settlement implementation and the role of mediators in facilitating agreements. It serves as a resource for legal professionals involved in estate planning, trust administration, and related litigation.
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Latest from Trust & Estates Mediation Blog
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…