This will be my last post for a while as I have a ton of research reading to complete for my next book – the ‘Mediation of Visual Art & Cultural Heritage Disputes’ – see www.carlislam.co.uk.

In my 8th book – the 2nd Edition of the Contentious Probate Handbook, published by the Law Society in 2025 – which contains an in-depth discussion of Mediation and Mediation Advocacy Tools, on p.260 I describe what I termed the ‘Deal-making zone (‘DMZ’).’

This exists in the space between two parallel dynamics which may convergence in the consciousness of each Participant [‘P’]:

(i) Relative Gains v. Relative Loses [P.1 – P.2].
(ii) Common Ground – Which in the context of trust and estate disputes, where incurred legal costs often exceed the value of an estate, includes a cost-benefit analysis of ‘doing a deal today’ v. ‘going to Trial’.

For some unknown reason ideas have been popping into my head all day. I suspect that it is my late, dearly loved and greatly missed Father – Dr Amin-UL Islam reminding me that it is Father’s Day. I haven’t forgotten Papa!

I was just about to switch off my PC and return to my research reading when the following idea suddenly popped into my head.

Now – to visualise this idea, you have to conjure up an image of me standing before a White Board with pen in hand, in a meeting room with a solicitor in their office and with their lay client – i.e. as their specialist Mediation Advocate.

What I do in such meetings to create a visual working DMZ model for the case – into which numbers i.e. asset values and costs can be input, is to simply:

(i) Draw a horizonatal line in the middle of the white board.
(ii) Write P.1 at one end and P.2 at the other.
(iii) Then draw a circle in the middle and write inside ‘DMZ.’

What this shows is each P’s maximilist position [‘MP’], with an area in the middle of the line, toward which each P can move away from their MP i.e. toward the DMZ.

Since each P will already have incurred costs and will incur mounting costs unless a settlement is agreed, we can already move each P closer toward the DMZ, i.e. ‘closer together!’.

The sudden flash of insight I just had, is that in explaining the purpose of this commercial arithmetic to a lay client who is locked in ‘litigation mode’, is easier if we adapt my visual model by writing 3 words above the horizonatal line:

– ‘You’ i.e. above P.1;
– ‘Them’ above P.2;

and

– ‘Us’ above the circle which represents the DMZ in the middle.

Then, instantly a lay client can both see and understand, that in order to settle he/she needs to move toward the DMZ and eventually into it.

The next step as you all know is to explore ‘Priorities.’

See the Contentious Probate Handbook for a detailed disucssion of this methodology.

So – ‘YTU Analysis’ involves analysis of the negotiating positions that =

(i) ‘You’;
(ii) ‘Them’; &
(iii) potentially – ‘Us’.

Simple and easy!