When a loved one has passed away, it can be an extremely emotional time for everyone involved. However, certain legal requirements must be adhered to; this includes the reading of the Will and the appointment of an Executor of the will. While many inheritance processes are straightforward, Wills and probate disputes can very often arise, whether there have been any previous family disputes or not.
There can be a number of reasons for Wills and Probate disputes. Perhaps the Will hasn’t properly stipulated the divisions of assets or there is a dispute over who should really inherit what. Whatever the reason, families can have a very tough time coming to decisions. Entering into legal proceedings at such a time can cause the rifts between family members to develop into a severe problem. This could permanently affect their future relationships. This is where mediation is often chosen as an alternative solution. The mediation process is tailored to individual requirements and circumstances.
Who Attends Mediation Sessions?
For mediation on probate or Will disputes, a professional mediator will talk or meet with each of the parties involved with the family dispute. Once all the facts have been gathered, a joint meeting may be arranged depending on the circumstances. Here, all parties can communicate freely in a neutral and confidential environment. If emotions are too high, or previous family disputes mean that an amicable discussion can’t be held, it is possible for the mediation to remain separate and a settlement still be reached.
Does Mediation Mean Settlement?
The ideal outcome for probate court disputes and disputes over Wills, is for a settlement to be made. This may lead to both parties agreeing to compromise. During the meetings, a mediator can assist in the arrangement of a settlement. While not all mediation sessions will end in a settlement, if one is made, then it can become legally binding if both parties agree.
