22/04/2020

Consider remote Mediation for disputes during Lockdown

Pam Deol - Colour 2020

Inheritance and probate disputes are still being progressed during Covid-19 with the assistance of online mediation services.  Mediation is often used to achieve resolution of disputes.  The use of technology (for example, a video conferencing platform such as Zoom) can provide conditions as close as possible to those of a face to face mediation.

The mediation process of shared and private discussions between the parties is replicated in virtual terms, with the mediator helping parties examine the settlement options.

Even prior to Covid-19, alternative dispute resolution (in the form of mediation) was a popular choice for inheritance or probate disputes to avoid the costs and time invested in going to trial.  The parties often consider mediation as a means to achieve a cost effective settlement of their dispute.   The courts encourage the use of mediation so that the trial process is only needed where it has not been possible to settle.   

Pam Del, Senior Associate and specialist in Contentious Probate work considers the advantages of mediation to be:

  • Swifter resolution of the dispute
  • Cost savings – a 1 day mediation only rather than a week long trial
  • Flexible remedy – the parties can agree, for example, to vary terms to share an estate
  • Confidential – it’s a way to avoid family history being played out in open court
  • Offers made are also confidential

If mediation is successful, a final settlement is reached and recorded in writing and the case concluded.

The key to a successful mediation is thorough preparation. Thursfields has a team of specialist contentious probate lawyers who can advise and support on any inheritance or will dispute.

For more information about Inheritance Claims, Contesting a Will or Probate claims please contact Pam Deol, a Senior Associate Solicitor, at pdeol@thursfields.co.uk or by phone on 0121 227 3878 or 07841051384.

Pam Deol - Colour 2020

Pam Deol,

Senior Associate Solicitor, Dispute Resolution

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