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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

Bell Yard Kysen—Liz Giles

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Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

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Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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