Contested probate cases are expensive, emotionally draining and can permanently break down fragile family relationships.
Using mediation has a number of advantages; it is cheaper and quicker than court proceedings. However more importantly it can give offer a forum to enable a real exchange of views, to open up dialogue and find solutions. The very nature of mediation, the presence of an impartial mediator, the mutual agreement to mediate and the voluntary nature of the process fit very well with such disputes.
A referral to mediation opens up the possibilities for the disputants to find:
Mediation for contentious probate cases should also be considered as part of the Civil Procedure Rules to enable parties to explore a resolution. The Court will continue to consider tough cost sanctions for those parties that are unreasonable when considering settlement. Having experience of wills, probate and Court of Protection cases provides an essential understanding of the process and increases the likelihood of a successful settlement.
Please contact me for an informal discussion about making a referral to this service or to see if mediation could work in your case. Please phone me on 0333 722 9763 or use the Contact Form. The first call is free and without obligation.
'The first time I spoke to John I put the phone down thinking I’d just spoken to a friend, not a solicitor that I had never met. Throughout, John communicated to me on my level and was always clear, easy to understand and prepared to explain his reasoning.'MW