Estate Dispute Resolution

This term generally refers to the settling of a legal disagreement outside of court.

Often seen as a low-cost option, dispute resolution can potentially save time and money by removing the formalities associated with legal proceedings and by giving parties more control over the outcome. Disputing parties may meet to discuss the issue, seeking an outcome that is mutually beneficial.

Dispute resolution can be a complex process, so there are various levels at which the process can operate. These are:

• Negotiation
• Mediation

Starting with negotiation, the two parties interact directly in an attempt to find a solution. If this is unsuccessful, further steps can be taken to increase the likelihood of a resolution being found. From mediation onwards, the disputing parties have less direct control over negotiations and outcomes as independent parties become involved as mediators.

Mediation is perhaps the most common dispute resolution process, particularly for less complex matters or those which involve smaller amounts of money. Mediation occurs when the disputing parties meet, along with an accredited and impartial mediator who conducts the discussion, which ensures all key issues and potential solutions are examined.

Mediation is a confidential process. Legal representation or other supporting parties may also be present during the mediation proceedings.

Generally, negotiation and mediation are the first steps towards dispute resolution. If a resolution cannot be found here, further steps may then be taken. It is important to consider your circumstances when deciding which avenues to go down, for example, is your dispute between groups or individuals? Are the two parties in clear conflict with one another?

Determining these factors will assist you or your representatives in settling on an appropriate means of dispute resolution. The Wills & Estate lawyers at Probatum are highly experienced in all forms of dispute resolution and can assist you in deciding the best course of action for your situation.

There is often no requirement to obtain legal representation during dispute resolution proceedings. It may be beneficial to do so however, especially if the dispute is complex or has important legal implications. The lawyers at Probatum are skilled practitioners in the field of dispute resolution.

Disputing parties can come to agreements independently, especially if the dispute is the result of a simple misunderstanding. Disputing parties may conduct dispute resolution in a way as simple as organising a phone discussion between lawyers. If you would like representation for an independent resolution of an Estate dispute, you may book a free initial consultation with Probatum.

The advantage of utilising legal services such as Probatum is that we are experts on the laws related to Wills and Estates and the available solutions affecting these areas of dispute. This expertise may come in handy, especially if you are unable to settle the matter through amicable discussion.