David M. Pyke announces that he will now mediate probate and estate disputes.  Mr. Pyke brings his 35+ years of experience as a probate and estate planning attorney who has tried over fifty trials, more than half of them jury trials.  Having been trained in the Black Swan Method™ developed by Chris Voss, a former FBI hostage negotiator, “I pledge to do mediation differently.”

“I Hate How Mediations Are Typically Done.”

The typical mediation sessions waste half of the day making ridiculous offers and half the day (and night) drafting a settlement agreement, as if nobody ever anticipated that an agreement would be needed.  I hate this tremendous waste of time as the mediation slowly begins and then comes to a tortuous conclusion because no one has even started drafting settlement documents until a handshake deal is reached.

“I Pledge To Do Mediation Differently”

I will schedule a pre-mediation session with each party and their counsel so I understand the parties’ positions in advance.  On the day of mediation, the parties are ready to get to the real work.  I will have guided the parties so that an initial offer is formulated prior to mediation.   Throughout the process, a settlement agreement is being drafted and revised, to avoid the last-minutes stress.

Finally, I will not be a passive message passer, but a real guide to making realistic offers, assessing risks, and avoiding deal-breaking conditions.

Mediation is not a rushed process, and must be given the time it deserves, but we have all seen the following behaviors from mediators that are not helpful in the process, including:

  • Allowing the parties to talk and talk rehashing the same points over and over
  • Just asking for a number without guiding the parties on how to structure their offer
  • Acting as little more than a courier exchanging offers between the parties
  • Refusing to engage with the parties to question their assumptions and beliefs
  • Offering a “mediator settlement sheet” that is wholly inadequate as a settlement agreement and mainly drafted to try to protect the mediator

I promise to avoid these pitfalls, be a thoughtful guide to you and your clients, and keep the mediation moving to a productive conclusion.  Mediation works; I believe in it.  Can we make it better?  I pledge to do everything I can do avoid the pitfalls we have seen in mediations, not just be another mediator on the list.

David M. Pyke

For more information see this link or email mediations@dallasprobatelaw.com