Mediation

In wills and estate planning, disputes can arise that necessitate mediation involvement.

This is to resolve conflicts efficiently and amicably.

Mediation is a valuable alternative to protracted litigation, promoting collaboration among interested parties.

This blog delves into mediation as a legal term in the context of wills.

Understanding Mediation In Will Matters

Mediation refers to the process of resolving disputes or disagreements.

This will be among beneficiaries or other interested parties in administering or interpreting a deceased person’s will. 

It involves the assistance of a neutral third party, known as a mediator.

This person facilitates discussions and negotiations between the disputing parties.

The Mediation Process In Will Matters

Selection Of Mediator:

Parties must agree on a qualified mediator experienced in will disputes. 

The mediator should be impartial and possess legal expertise in estate matters.

Initial Meeting: 

All involved parties meet with the mediator to outline their concerns and issues.

The mediator sets the ground rules for the process.

Information Exchange: 

Relevant documents are shared among the parties to ensure a thorough understanding of the case.

These include the will and financial records.

Negotiation And Discussion: 

The mediator guides discussions and encourages parties.

This expresses their viewpoints and proposes solutions.

Agreement And Documentation: 

If an agreement is reached, it is documented in a legally binding settlement agreement.

This document outlines the terms agreed upon by the parties.

Court Approval: 

In some jurisdictions, the mediated agreement may require court approval.

This ensures it complies with applicable laws and regulations.

Example 1: Mediation In A Dispute Over An Inheritance

Persons Involved:

Sarah – Deceased person

James – Sarah’s son

Emily – Sarah’s daughter

Mark – Sarah’s nephew

Lisa – Mediator

Background Scenario:

Sarah, a wealthy widow, passed away, leaving behind a substantial estate.

She had two children, James and Emily.

Sarah also had a nephew, Mark, whom she had raised as her own after his parents passed away when he was young.

Sarah’s will had been drafted years ago, leaving most of her estate to her son, James.

Emily, however, believed that her mother intended to distribute the assets more evenly between them.

Also, she contested the will, causing tension within the family.

Mediation Process:

To resolve this dispute, Emily and James agreed to participate in mediation with the help of a professional mediator named Lisa.

Lisa met separately with Emily and James to understand their concerns and goals.

Lisa facilitated open and respectful communication between Emily and James during the mediation sessions.

Emily expressed her feelings of being unfairly treated, while James clarified his understanding of their mother’s intentions.

Lisa also encouraged them to consider the importance of maintaining family harmony.

Through several mediation sessions, Emily and James eventually reached a compromise.

They agreed to a revised distribution of their mother’s estate.

It included a fair share for Emily and a provision to provide financial support to Mark, recognizing his close relationship with Sarah.

Both parties were satisfied with the outcome, avoiding a lengthy and expensive legal battle.

Example 2: Mediation To Resolve A Contested Will

Persons Involved:

Michael – Deceased person

Sarah – Michael’s daughter

David – Michael’s son

Claire – Michael’s second wife

Robert – Attorney-Mediator

Background Scenario:

A successful businessman, Michael, passed away, leaving behind a complicated family situation.

He had two children, Sarah and David, from his first marriage, and he had remarried Claire later in life.

Michael’s will was ambiguous, leading to disagreements about the distribution of his assets.

Sarah and David believed their father intended to leave them a significant portion of his estate.

This is while Claire claimed that Michael had verbally promised her a more substantial share.

Mediation Process:

Sarah, David, and Claire decided to engage in mediation to resolve the conflict without going through a costly and emotionally draining court battle.

They enlisted the help of Robert, an attorney-mediator experienced in handling estate disputes.

In the mediation sessions, Robert first ensured that everyone understood the legal aspects of the case and the importance of finding a mutually acceptable solution.

Each party had the opportunity to express their perspective and concerns.

Sarah and David provided evidence of their father’s intentions, while Claire presented evidence of Michael’s alleged promises.

Through mediation, the parties were able to reach a compromise.

They agreed to a distribution that honored Michael’s wishes as closely as possible.

This considers his verbal promises to Claire and ensures that Sarah and David receive their fair share.

This solution prevented a lengthy legal battle and helped preserve the family’s relationships.