Mediation and Alternative Dispute Resolution (ADR)
What is ADR?
ADR stands for Alternative Dispute Resolution and it is a growing trend in the modern legal climate for parties to be encouraged to use methods of ADR to attempt to resolve their claims before (and hopefully without the need to) go to trial. In fact the Courts in recent cases have gone as far as telling parties that they should always attempt ADR before going to trial unless there is a very good reason not to, otherwise the Court will make costs orders against those parties who refused or ignored an invitation to enter into ADR.
Mediation is the most well-known form of ADR
You may have experienced a form of mediation if you have ever been involved in a divorce.
However, mediation of civil claims is a different type of mediation which you attend with a lawyer present. You do not not need to sit in a room with your opponent if you don’t want to and the process is entirely voluntary, meaning if the parties agree to it then it is often a good indication that they want to resolve matters without the need for a trial.
Our specialist inheritance lawyers are keen advocates of the mediation process as we have found it to be hugely successful in resolving these claims- in fact our success rate at mediation is around 98%. We have considerable experience and expertise in the mediation process gained from successful mediations for our clients over many years. We find that inheritance claims can often be more emotional than other areas of litigation and we understand that and work with you in making the process as pain-free as possible for you. We understand that our clients would often prefer mediation over taking the case to trial because it offers them the chance to obtain justice without needing to step into the witness box to give difficult evidence which airs their family’s dirty laundry in open court.
The benefits of mediation for inheritance claims also extend to:
a) saving the considerable additional costs of proceeding to trial, which are often ordered to be paid from the estate thus leaving the parties with little if anything left to have fought over; and
b) offering an opportunity for the parties to attempt to build bridges when this is unlikely to be possible at a contested trial; and
c) the terms of settlement agreed at mediation being entirely up to the parties as it is a voluntary process so this means we often incorporate terms for our clients which simply would not be open to a judge to order as he wouldn’t have the power to do so. We frequently find that those terms include division of items of sentimental value (including access to loved one’s graves/ashes) which is of considerable non-financial benefit to our clients and so enables them to move on from their difficult dispute and finally grieve for the loss of their loved one.
If you think you have an inheritance claim which you would like to mediate then pick up the phone or email our specialist inheritance lawyers today for your FREE CASE REVIEW.
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Read through our website and familiarise yourself with all of the varying types of claims that our inheritance lawyers are specialist in pursuing for our clients.
Then pick up the phone or drop us an email for your FREE CASE REVIEW today so that our friendly team can provide you with tailored and specific advice upon your circumstances, how we can fund your case for you and then we can make YOU our next successful client.
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