The Role of Mediation in Contesting A Will

Mediation is a very important tool in inheritance cases. Due to the sensitive nature of a lot of cases involving inheritance, it provides a level of care in what can sometimes lead to a very messy situation.

What is mediation?

Mediation is defined as intervention in a dispute in order to resolve it. In legal cases, it is a procedure in which the parties discuss their disputes with a trained impartial third party, who assists them in coming to an agreement, or settlement. This often happens out of court and therefore can make the process of contesting a will much swifter. It is also less formal than a court setting, which can be daunting.

What are the benefits?

  • Cost- The process of mediation still involves costs, including solicitors and mediators’ fees. These costs, however, are very likely to be significantly lower than the cost of going to trial.
  • Time- you can start mediation at any point during the proceedings. It happens out of court, meaning that it can save the time it takes to go through a trial.
  • Effectiveness- mediation is effective in 80% of cases.
  • Control- in mediation, the parties involved have more control in the outcome of a case. The main part of mediation is negotiation, whereas in court, this will be decided by a judge.
  • Confidentiality- The discussions involved in mediation are completely confidential. This does not happen in a court, and the settlement agreement will include a confidentiality clause. This keeps the terms of the settlement confidential.
  • Preserving relationships- in inheritance cases, you are far more likely to have a personal relationship with the other parties, or at least know them. As mediation is a means of negotiation, you are far more likely to be able to keep a relationship with the other people involved.

The process of mediation

The process can be as short as half a day. The parties involved agree on an independent mediator and venue in which to have the mediation. At the mediation, each party usually has their own room, where they discuss their views. The mediator will then go between the two to discuss what the other has said. The mediator will then work with the parties to come to an agreement that is suitable for all involved.

If the parties fail to come to an agreement during the mediation, then neither party can bring anything forward to the court case. It is free from prejudice, and the mediator will not discuss anything with the other party that they have not been authorised to say.

Mediation is less stressful than a court case. It allows you to voice your opinion and be heard, but in a less formal environment than a court room. Will cases particularly suit this method, as the parties discuss subjects that are sensitive. While there is more of an element of compromise, you will usually receive a settlement that is more favourable than one you would receive in a court. You will also be more actively involved in the settlement that you get.

We know that mediation may not always work, and some cases will end up having to go to court. The solicitors we work with are experts in settling matters both in and out of court. Contact us today by filling in the form or calling us on 0161 413 8763 to speak with one of our friendly expert advisors about your potential claim.

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