This month's #TuesdayThoughts ran by
Samantha Lowe concerned Position Statements and whether they are useful. You can read Sam's previous blog about how to prepare one here :
https://www.concentus-mediation.com/insights-and-news/21/samantha-lowe-explains-how-to-prepare-position-statements
Concentus tweeted : Do position statements still serve a purpose in
#contentiousprobate cases? They certainly do for the mediator ...
Here are the responses. All great comments and welcomed and appreciated as always.
"I think of them as being a useful exercise but perhaps as having more value to the writer than the recipient, ie as a means of succinctly summarises the issues and (if this is your approach) working out what your client wants a solution to look like.
"I think they are very helpful and almost always necessary. The other thing that it is very helpful to prepare, if time permits, is a draft agreement. Nothing worse than doing the deal at 6pm and then spending 4 hours drafting."
"Done properly they're definitely useful. However I have seen them used as posturing which is not always helpful, particularly when managing client's emotions and expectations!"
"Ideal position statement 1. Accurate overview of facts and issues 2. Measured & tactful advocacy highlighting strengths of own & weakness of opponents' case 3. Minimal legal argument 4. Clear history of offers made 5. Sets out negotiating position consistent with advocacy position"
"A gloss on "measured & tactful" - I've read really forceful, strongly put cases, but which don't gratuitously fail to recognise the personal sensitivities & aspirations of other parties to the dispute"
"I have seen them used as an opportunity to rehearse emotive grievances. Children of first marriage disparaging second wife is a classic in the probate arena - really does not set the tone for compromise."
"I think position statements are the best way to get all the parties to really focus on the key issues before the mediation actually starts... They also help the mediator to gauge where each person is prior to meeting them
#mediation #contentiousprobate"
