How to avoid a boom in succession disputes | UKView profile
Mediation is another helpful option. We have seen many times how managing a dispute outside of the courtroom can help to de-escalate conflict. Mediation is private, and can also be much more flexible than court, giving the opportunity to find a creative solution.
In one case where we acted, the two sides began their day with a seemingly intractable dispute between two siblings, covering a number of issues. However, the mediator eventually established that one sister’s real priority was to receive certain items of jewellery owned by the deceased. The other sister was quite willing to give those up for other assets that she could sell*.
We believe that for their own sake, and families’, legal systems need to be encouraging other ways of resolving cases.
We have seen many times how managing a dispute outside of the courtroom can help to de-escalate conflict.
We acted for a father who was very generous in mediation because he wished to re-establish a relationship with his son. Unfortunately, it seemed the prospect of doing so was held out by the son only to get what he wanted in the mediation*.
While no one can be compelled to compromise at a mediation, there is a non-court option available to have an outcome imposed on the parties by an independent person. Arbitration Is a process commonly used in business disputes, very similar to court proceedings, but with a privately paid arbitrator instead of a judge.
² A report published last July by the Civil Justice Council concluded that compulsory ADR was both compatible with Article 6 of the European Convention, ‘lawful’ and ‘should be encouraged’.