It's a coin toss
In a recent negotiation over the distribution of a million dollar estate, the warring parties, a brother and sister had successfully agreed to the division of almost the entirety of the estate but were stuck on who should get the last item – a family heirloom. This small issue threatened the entire deal. As a solution to the impasse we proposed a coin flip and both sides surprisingly agreed. The deal was saved and a costly litigation ended.
That the parties would agree to settle based on chance illustrates that the particular issue at stake was more emotional than substantial. Allowing the parties a creative way to break impasse that was fair and allowed the loser to save face was key.
While not every impasse is so easily broken a good mediator comes to understand the needs of each party and thereby find the keys to successful conflict resolution.
At Prowse Chowne LLP we have lawyers, mediators, and arbitrators who are skilled and trained in conflict resolution – we can help.