In a weekly column, solicitor casts her
Juliet Phillips-James expert eye over a range of legal matters and urges anyone with any questions or problems to come forward for help.
QAI am the executor and sole beneficiary to my late father’s estate. I am in dispute with my father’s partner over the nature of the will. My father’s partner has suggested mediation to try and settle the case at an early stage. Neither of us has legal representation and I am not sure how the process works. I also do not think there is much that we agree on and, therefore, that mediation could be successful. Finally, I am not sure whether a mediation can take place given the current coronavirus pandemic. Mediation is a proven and effective way to settle disputes. This is particularly so in contentious probate cases where proceedings are emotionally charged and can often be the forum for airing long-standing family disputes. While there may well be little common ground between you and your father’s partner, that does not mean that mediation could not still be successful. Mediation has been known to broker deals in even the most acrimonious of cases.
For mediation to stand the best possible chance of success, it is important that each party’s legal position has been properly set out. You should also be aware that mediation is confidential and that information that has been disclosed in mediation must not be used outside of the mediation. It would be sensible to consider instructing a solicitor, even if only for the mediation, so that you can make sure that you are properly prepared.
In practical terms, and before Covid-19, a mediation would have involved all parties attending at one place for one day. An independent third party, known as a mediator, who has been appointed by the party, will oversee the day. The mediator’s sole objective is to try to reach an agreement between the parties. They try to do this in several ways and, generally, no two mediations are the same.
With Covid-19, the format of mediations has altered somewhat, but they are still being conducted. Although Zoom is currently proving a popular forum, we have preferred to use Microsoft Teams or Skype for Business as they seem to better protect the confidential nature of the mediation.
Mediation should not be lightly refused, and the court can impose costs sanctions on parties who unreasonably refuse to mediate.