Mediation and Alternative Dispute Resolution (ADR) in inheritance disputes, contested wills and contentious probate claims
Mediation and other types of Alternative Dispute Resolution (ADR) have an important role to play in settling inheritance disputes, contested wills and other contentious probate claims.
We always aim to keep the involvement of the courts to a minimum as it is generally in a client’s best interests to resolve inheritance disputes without the delay and spiralling cost that often accompany court proceedings.
ADR, and mediation in particular, is ideally suited to resolving inheritance disputes, contested wills and contentious probate claims. These cases frequently involve family members who are still grieving and legal proceedings exacerbate any existing ill-feeling or resentment. Court actions can sometimes drive a wedge between parents and children or cause rifts between siblings. Mediation offers the parties an opportunity of fully airing their grievances without destroying family relationships. ADR can hasten settlements by short-circuiting the need for protracted and often inflammatory correspondence. ADR is also helpful in overcoming the traditional distinction between “winners” and “losers” in a litigation environment. It is often a case of getting all the parties around a table and dividing the estate in a way that is fair and equitable for everyone concerned. ADR and mediation is not cheap, but the associated costs are generally far less than they would be if the matter proceeded to a fully contested trial.
We are therefore firmly committed to providing ADR and mediation in inheritance disputes, contested wills and contested probate claims.
This way a greater part of the estate will hopefully be made available for distribution between the parties and not wasted on legal costs.