Inheritance Heists Ch. 7: Mediation Tactics for Estate and Trust Disputes

I’m Mike Hackard with Hackard Law.  I’m sharing passages from my new book Inheritance Heists – and I hope that they can help you avoid estate disaster.

Today I’m going to discuss what can help lead to favorable settlement of an estate conflict – mediation.

Mediation negotiation is a strategic endeavor, rather like a game of chess. Each move should be carefully considered, with an eye towards the ultimate goal of reaching a mutually acceptable agreement. Some key tactics include:

Anchoring:

Making the first offer can set the stage for the negotiation, but it must be done carefully to avoid alienating the other party.

Disaggregating Gains and Aggregating Losses:

People prefer to find money in installments but lose it in one lump sum. This principle can be applied to structuring settlement offers.

Using the “Door in the Face” Technique:

Starting with a more extreme request can make a subsequent, more reasonable request seem more attractive.

That said, I always advise that it not be so extreme that the other side will leave the mediation.

Making Multiple Offers Simultaneously:

Presenting several options can help identify the other party’s priorities and increase the chances of finding common ground.

If you need help in breaking the deadlock and settling a family estate dispute through mediation, you can call us at Hackard Law: 916-313-3030.

We want to hear your story.