Samantha Ewing considers the benefits of mediation in will disputes
How many practitioners have heard their client talk of the “principle of the matter” when dealing with will disputes? Too often clients proclaim confidently: “I don’t care about the cost, I want to see him in court!” However, litigation solicitors know all too well that clients care about the costs a great deal at the end of the matter, as do the courts and such an attitude is very costly.
Benefits of mediation
Mediation can be very stressful for the client. In particularly acrimonious family disputes, the thought of facing the other side can be too much for some to bear. Despite this, clients should always be encouraged to attend mediation (provided it is suitable to do so, see below) as it:
- is cheaper for clients than a full trial, which will help to preserve the value of the estate for the family;
- offers flexibility on the terms of settlement that can be agreed; and
- potentially allows both sides to walk away with something and with an agreement, usually, on costs.
For
