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If you have any queries regarding litigation or mediation for will disputes, please contact our Contentious Probate team on:
Losing a loved one and dealing with grief is never easy.
It can be made considerably worse if a family dispute arises as to how a deceased’s estate should be distributed.
Disputes can result in expensive and time-consuming court proceedings, which can put a long-lasting strain on family relationships.
If a Will dispute arises, it is important to be aware of options for Alternative Dispute Resolution (ADR).
These can include a wide range of resolution processes that parties can use to narrow controversial issues and settle disputes, often with the help of a third party.
Mediation is one of the most common ways to facilitate a resolution of Will disputes.
The mediation process can also help in preserving fractious and fragile family relations.
Mediation is a form of ADR and provides a more cost-effective process to resolve a Will dispute by agreement without the time, stress, and cost of court proceedings.
It is a process whereby the parties attempt to resolve the dispute with the assistance of an independent mediator, who will work with both sides to resolve the dispute and reach a resolution.
The mediation process means the parties do not necessarily have to see one another, as the mediator will guide the process and act as a “go-between” and shuttle between the parties’ different rooms or virtual rooms (if the mediation occurs remotely).
They endeavour to fully understand the parties’ positions and help the parties work towards an agreement that is acceptable to both sides.
Litigation is an adversarial process with limited flexibility.
Strict rules of evidence apply, and the case is overseen by a Judge.
It is a more formal and structured process than mediation.
Once a claim has been issued in court, the Judge will timetable the proceedings, which will govern how the case will be conducted and how it will progress.
Before you embark upon a Will dispute, it is important to be aware of the court process and the alternative options available to help resolve disputes before deciding which avenue is right.
In some cases, court proceedings are unavoidable in resolving will disputes, depending on the relationship between the parties and the complexity of the case.
The suitability of either avenue depends on each case.
If you have any queries regarding litigation or mediation for will disputes, please contact our Contentious Probate team on: