Mediation and Settlement - Contesting A Will
The Court is likely to order mediation
When someone is contesting the will the court will usually order a compulsory mediation after the evidence has been served. Such mediations play an important role since most cases end up settling at mediation.
The types of mediation when contesting a will
The type of mediation order that the court will make depends on the size of the estate. In smaller estates there is likely to be a judicial settlement conference, and in mid-sized estates there is likely to be court annexed mediation whilst in large estates there is likely to be a private mediation.
The mediation process
Mediation requires a willingness to compromise otherwise each side will simply stick to their guns and escalate costs. Most mediations in fact end up in a settlement so it makes sense to go into it with an open mind by making and entertaining sensible offers.
Let us help you: -
- get up to date valuations before the mediation;
- prepare and file appropriate evidence including the administrator's affidavit;
- prepare up to date estimates as to your legal costs;
- invite beneficiaries, who are interested in attending, along to the mediation;
- deal with offers and counter-offers made at the mediation and help you evaluate if offers are sensible or not.
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