Trial Vs Mediation

The opposing parties in contentious probate matters often share the same common overarching goal, that is they want to bring about an end to the dispute despite their difference in opinion. Our job, here at IDR Law, is to help our clients end disputes, quickly, efficiently and in a way that achieves their personal and financial goals.  

Mediation 

We use a form Alternative Dispute Resolution called Mediation to help our clients achieve settlement. Mediations usually last a whole day and can be hosted at a physical venue or online. The parties will not have direct contact with one another throughout the day, but they will communicate using a neutral and independent Mediator, who acts as a go between and communicates the positions of the parties.  

A Mediation is effectively a supervised negotiation process. One party will put forward their position as well as a proposal for settlement, the mediator communicates their position to the opposing party who are given time to consider their response. Parties always have the choice to accept, reject or to put forward a counter offer.  The Mediator will never impose any judgment or pressure. 

As solicitors, we help the client to determine whether an offer is reasonable. We look at the rationale and justification of the offer to determine this. We continuously provide support and advise during the course of the day. Our advice will be based upon research, our devised mediation strategy and knowledge of the client and their goals. 

Mediations are an extremely effective method for achieving settlement. Although not as highly glamourised as Court Trials, the parties achieve their goals without incurring unnecessary fees of a Court Trial. Mediation is not as hostile as going to Court and  therefore this parties with the option to continue/build a relationship with the opposing party in the future if they wish. This can be something that is of high importance to individuals involved in a dispute.  

Court Trials

The lawyers at IDR are highly experienced in Court process and procedure. We also know all too well the significant levels of costs that the process incurs. Our aim is to achieve settlement at the earliest stage, with Court action as a last resort. The Court process is inherently and sometimes catastrophically risky. It also requires significant emotional investment as it can be very stressful. In our experience, mediation offers an early and cost effective route through a dispute and is always something that we explore with our clients. 

Login or register with the IDRN to read more from this commentary by Rebecca Everitt, Paralegal