If you have disputes involving a disputed Will, Inheritance Act Claims or Trust disputes you should always consider Mediation as a means to resolve your dispute.
Due to recent Case Law and procedural changes, the Courts now expect the parties to resolve their disputes by Mediation before considering commencing Court proceedings.
There are many advantages to Mediation over Court proceedings. Firstly, Mediation can be arranged at very short notice whereas a fully defended Court case could last over 2 years before a decision is made in it.
Mediation would be significantly more cost efficient compared to Court proceedings to resolve your dispute, which is likely to incur substantial legal costs.
The Mediation process can resolve your issues which can be on terms which are more flexible and pragmatic than a Court imposed judgment.
In this area there are likely to be ongoing relationships between family members which can be worked around and treated more sympathetically in a Mediation than the rigid process of Court proceedings which will ultimately only reach a decision which will prefer one party over another.
The speed of Mediation and the less formal nature of this process will also result in a far less stressful process than litigation which can become protracted, bitter and adversarial.
Furthermore, once settlement has been reached it will be recorded in a Settlement Agreement which will set out the terms of settlement and can later be enforced if required like a Court judgment.
If you have a dispute in this area and want to Mediate your dispute in view of the advantages, we have set out above, we can assist you and provide you with a swift and cost-effective means to resolve your dispute.
Please contact Julian Cole to discuss this process further and discuss the funding options we can offer you for this process.
