Inheritance Mediation
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A way of resolving conflict out of court and avoiding large costs
Inheritance mediation works with anyone involved in a dispute over a will or inheritance and is a way of resolving conflict out of court and avoiding large costs. Mediation can be considered at any point in an inheritance dispute.
Mediation works by helping people find workable and realistic solutions that all parties feel comfortable with. As a mediator I will listen to all parties and help you to share your views and concerns with each other to reach an agreement.
The legal system prefers it if you have tried mediation before you take a case to court.
The service offers:
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Mediation Information and Assessment Meetings (MIAM) for each party.
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Mediation to help those involved come to an agreement.
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Completion of a settlement that can be made binding.
Inheritance Mediation addresses:
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Inheritance disputes
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Probate disputes
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Disagreement over the distribution of assets.
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Disagreements between Executors.
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Saving costs. The cost of taking legal action with solicitors and/or court (litigation) can become disproportionate to the inheritance value compared to mediation costs that are considerably lower.
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Saving time. Taking legal action (litigation) can take up to 18 months or even longer whereas mediation is quicker and more flexible. Mediation is quicker because all parties are present (although not necessarily together) to make decisions.
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Less stressful. Litigation can also be very stressful for all those involved adding to the grief of the loss of a loved one. In contrast mediation is an informal process, conciliatory and is not adversarial.
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Control. In mediation parties have more control over the agreement rather than in court where a judge decides the outcome. Also, mediation can provide more flexible solutions than court can.
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Preserving/restoring family relationships. Adversarial litigation can damage relationships compared to mediation that has the capacity to restore them.
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Future Focussed. Contributing towards reaching a settlement (which can be made legally binding) can enable parties to draw a line under the dispute, look to the future and move on.
As a family mediator I am trained to work with people in conflict. My role is to run the meetings impartially and to be non-judgemental making sure that everyone has a chance to put forward their point of view, to listen to other parties’ views and explore all possible solutions before reaching agreement on a final settlement.
All discussions are confidential and I will ask questions to understand your situation. You stay in control because any decisions made must be agreed by all parties. Through mediation I assist parties to reach their own solutions to inheritance disputes while aiding communication between them.
Each party to the dispute will attend a MIAM separately. In your MIAM you will be informed about the principles and benefits of mediation, how to prepare for the sessions and what will be expected of you. Costs will also be confirmed. You will then be asked whether you wish to mediate.
If you decide to mediate after your MIAM, each mediation session is a minimum of 1.5 hours. There is flexibility around the regularity and length of sessions (all morning or afternoon or all day) depending on the circumstances of the case. When an agreement is reached this is written in a ‘Memorandum of Understanding’ so that everyone is clear about what has been decided and provided to all parties. With agreement of all parties the ’Memorandum of Understanding’ can then be made legally binding by a court.
In most inheritance disputes seeking (initial) legal advice prior to mediation is necessary and recommended. Beyond this you are entitled to seek as much or as little advice you want and at any time during the mediation process.
In mediation each party is charged separately per mediation session.
1. Mediation Information and Assessment Meeting (MIAM)
Sole MIAM (up to 1.5hrs) = £100.
In this meeting you will be provided with information about your future mediation charges including any additional charges for paperwork/documents produced.
2. Mediation Charges.
Mediation is charged at £150/hour/person.
Every mediation is for a minimum of 1.5hrs which comes to £225/person.
Please Note:
a. Depending on the number of parties involved charges may be adjusted.
b. There is flexibility around the regularity and length of sessions (1.5hrs/ all morning/all afternoon/ all day) depending on the circumstances of the case.