How Will Disputes Mediation Can Benefit You and Your Family
Nobody enjoys having to deal with will disputes in mediation; it’s stressful, emotionally draining and takes up time in your day. But if you’re struggling, it can be a very valuable service as it can help you get the outcome you want and deserve.
This article covers the benefits of the process and what to expect.
When to seek support
Some of the most common reasons why people seek out will disputes mediation services include:
- Being in a disagreement regarding one’s entitlements
- Struggling with a deteriorated familial relationship; and
- An inability to appreciate their inheritance due to family issues.
It is normal to feel worried or stressed about having to pay for – and possibly lose – a court battle with a relative.
How the process helps
Will disputes mediation services can help you and your family reach a satisfying conclusion to your conflict. Besides helping all involved get a fair outcome, it can also help restore and/or preserve your precious familial relationships.
One of the biggest benefits to families is that using an arbitrator can remove the need to go to court, thus saving time and money. Instead of going to court you meet at an agreed upon location and under the guidance of a qualified third party arbitrator have an open discussion with all those involved.
The focus of will disputes mediation is on getting rid of the terms “winners” and “losers” and instead placing the emphasis on a fair outcome for all. Here are some of the benefits of using this service:
- Not have to worry about legal costs associated with court
- Being able to enjoy your inheritance
- Maintain and/or repair your relationships with relatives; and
- Gain closure over the death of your loved one.
Around 70-80% of cases end in an agreement, making it a highly effective service.
Commonly asked questions
Here are some of the most commonly asked questions and answers relating to will disputes mediation:
How long does it take?
The amount of time the process takes depends on the specific case, though it usually takes a single day – between 4-6 hours. Sometimes it can go on for days or even weeks if it is a more complex matter or reaching an agreement is proving difficult.
What are the fees and who pays?
Fees depend on the provider – some public providers may be able to offer free or discounted rates. Most private providers set their own fees, so check with your chosen one. In terms of who pays, the fees are usually split equally between all parties attending will disputes mediation.
Do we need a lawyer?
It is a good idea to have a lawyer as the outcome of the process aims at creating a legally binding agreement, and they shall be able to give you relevant legal advice. Make sure your chosen solicitor is experienced in this field and is affordable for you.
What happens if we can’t agree?
In the uncommon instance that your matter isn’t solved, you should at least find that many of the issues you had have eased somewhat, and that your relationship with your other family members has improved at least slightly.
You may decide to reflect further on the matter and then try will disputes mediation again in a few weeks and hope for a more successful outcome. If the issue cannot be dealt with, it is then taken to court and the court then decides on the outcome.
Your arbitrator should be happy to provide you with additional support and advice later down the track if you need it.