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07 August 2015 / Samantha Ewing
Issue: 7664 / Categories: Features , Wills & Probate
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A bit of common sense?

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Samantha Ewing considers the benefits of mediation in will disputes

How many practitioners have heard their client talk of the “principle of the matter” when dealing with will disputes? Too often clients proclaim confidently: “I don’t care about the cost, I want to see him in court!” However, litigation solicitors know all too well that clients care about the costs a great deal at the end of the matter, as do the courts and such an attitude is very costly.

Benefits of mediation

Mediation can be very stressful for the client. In particularly acrimonious family disputes, the thought of facing the other side can be too much for some to bear. Despite this, clients should always be encouraged to attend mediation (provided it is suitable to do so, see below) as it:

  • is cheaper for clients than a full trial, which will help to preserve the value of the estate for the family;
  • offers flexibility on the terms of settlement that can be agreed; and
  • potentially allows both sides to walk away with
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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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