Mediation is an alternative and effective method of resolving a contested will claim, without the need to go to Court.
It involves an independent third party, a professionally trained mediator, who helps the parties come to an agreement. Mediation is a flexible process that can be used to settle disputes in a whole range of situations, including contested Wills.
The role of the mediator is to help the parties reach a solution to their problem and to arrive at an outcome that all the parties can accept, with the focus of a mediation being to reach a common sense settlement agreeable to all the parties in a case.
Mediation is a voluntary and confidential process where the contents of the mediation are not disclosed to any party outside of the mediation. If the mediation fails, then the parties can still proceed to Court and a final hearing and details of what went on at the mediation will not be disclosed or used in the Court hearing.
The parties to a dispute generally share the cost of the mediation and those costs vary depending upon the value and complexity of the claim and the mediator involved.