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A bit of common sense?

07 August 2015 / Samantha Ewing
Issue: 7664 / Categories: Features , Wills & Probate
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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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

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Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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