Mediation in Contentious Probate Disputes: A Path to Resolution?

By Jennifer Quick

Associate Solicitor

17 October 2024

Article Insights

Introduction: What is Mediation?

Mediation is a form of alternative dispute resolution where a neutral third party, the mediator, facilitates discussions between the disputing parties to help them reach a mutually acceptable resolution. In probate disputes, mediation can offer a way for beneficiaries, executors, and other affected parties to resolve disagreements without the need for formal litigation.

Probate disputes can often be fraught with emotions, especially when they involve family members. Mediation allows for a more collaborative and less adversarial approach. It can focus on preserving relationships while finding practical solutions and can therefore be an attractive path to take for many.

Why Mediation Can be Particularly Suitable for Probate Disputes

By their nature probate disputes arise after the passing of a loved one, which will naturally be a difficult time for all involved. These conflicts can be emotional and are often exacerbated by misunderstandings or differing expectations amongst family members. If a resolution cannot be found, a court battle can often entrench parties’ views even further, not to mention be incredibly taxing both financially and emotionally for all involved.

Mediation can be a much quicker means of resolving common issues that form the subject-matter of probate disputes. For example, disagreements concerning Executor duties, through to claims under the Inheritance (Provision for Family and Dependants) Act 1975 can all be addressed in mediation.

The Benefits of Mediation in Contentious Probate Disputes

Mediation is significantly less expensive than litigation. Taking a dispute to trial is a lengthy process, whereas mediation can often lead to a settlement within a matter of weeks or months. This cost-efficiency is particularly important when estate assets are involved, as drawn-out litigation can deplete estate funds which ultimately has the effect of reducing the value of the inheritance for all parties.

Once the parties agree to mediate, the process can be arranged and completed within a relatively short period, thus allowing for a quicker distribution of estate assets.

Unlike Court proceedings, the parties can be as creative as they like with the terms of settlement. As long as both parties agree on it, the resolution can involve aspects that wouldn’t normally form part of a Court Order. Plus whatever you say in mediation is confidential and therefore cannot be used against you at a later date. What happens in mediation, stays in mediation!

In some cases, the parties are unable to reach an agreement. If this happens, then they would be free to continue to litigate through the Courts.

The Path to Enlightenment

Contentious probate disputes are often sensitive and complex, but mediation can offer a path to resolution which saves both time and money. It provides a flexible, confidential environment for parties to thrash out their issues with the help of a skilled independent mediator. The mediator’s function is not to act as Judge or Juror, but instead s/he will be adept at helping the parties overcome barriers and perhaps enable them to see things from a different angle.

While not every case is suited for mediation, it should be considered at an early stage as a means of resolving disputes and ideally before Court proceedings are issued. If you are currently facing a probate dispute, or if you’re unsure whether mediation is the right option for your situation, our team is here to help. Please do not hesitate to get in touch for a confidential discussion.

Disclaimer: General Information Provided Only
Please note that the contents of this article are intended solely for general information purposes and should not be considered as legal advice. We cannot be held responsible for any loss resulting from actions or inactions taken based on this article.