header-logo header-logo

07 August 2015 / Samantha Ewing
Issue: 7664 / Categories: Features , Wills & Probate
printer mail-detail

A bit of common sense?

nlj_7664_ewing

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
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll