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28 November 2019
Issue: 7866 / Categories: Features
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Med-Arb: a successful combination for beneficiaries?

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Dr James Behrens considers the pros & cons of evaluative mediation in resolving trust & estate disputes
  • Should mediation be a facilitative, not an evaluative, process?
  • A mediator is not being paid to give legal advice.

There are many reasons to use mediation for trust and estate disputes. Mediation avoids frittering away the trust assets through litigation, and so preserves them for the beneficiaries; it helps to avoid any escalation of family conflicts; it aids in preserving long-term relationships between the trustees and the beneficiaries, as well as the relationships between the beneficiaries themselves.

This can be achieved thanks to the privacy, informality and confidentiality of the mediation process and also because of the flexibility in the types of solutions which mediation can achieve. For example, when it comes to varying the trust to obtain a tax advantage, there is much to be said in favour of using it. Also, a refusal to mediate may lead to adverse costs consequences in subsequent litigation. A party who refuses to mediate and subsequently

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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