Most estate disputes are best resolved by agreement. Litigation between family members is costly, slow and stressful, and a trial is a public process. We build a settlement strategy from the first meeting, while preparing the case thoroughly so that you negotiate from a position of strength.
Why mediation matters in estate disputes
Mediation is a confidential, "without prejudice" process in which an independent mediator helps the parties reach their own agreement. Nothing is binding until a settlement is signed. It allows creative solutions a court could not order, such as dividing personal possessions, agreeing who keeps the family home, or structuring a settlement tax-efficiently.
The courts expect parties to consider alternative dispute resolution (ADR). In Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 the Court of Appeal confirmed that courts can order parties to engage in ADR, and the Civil Procedure Rules were amended from October 2024 to reflect this. A party who unreasonably refuses to mediate can face costs penalties even if they win.
Ways to resolve a dispute without a trial
- Negotiation between solicitors, often after early exchange of key documents;
- Mediation, either in person or online;
- Round-table meetings between the parties and their lawyers;
- Early neutral evaluation, where an independent expert or judge gives a non-binding view of the merits; and
- Formal settlement offers (Part 36 and "Calderbank" offers), which can have important costs consequences.
Our mediator
Dominic Green is an accredited mediator [placeholder – accrediting body]. He adopts the same approach as a mediator as he does as a solicitor, helping parties come together to find simple and cost-effective solutions. Where Child & Child acts for a party, Dominic will not act as mediator in that dispute; he is available to mediate other estate and trust disputes through the firm's mediation service.
Making a settlement work
A settlement may need a court order (for example, an order under the Inheritance Act) or a deed of variation. A variation made within two years of death can be treated for inheritance tax and capital gains tax as if it had been made by the deceased, if the right statement is included. Our Private Wealth & Tax team can advise on the tax effect of the terms.
Frequently asked questions
Is mediation compulsory?
Not automatically, but the court can order parties to engage in ADR, and unreasonably refusing to mediate can lead to costs penalties.
What happens if mediation fails?
What was said at mediation stays confidential and cannot be used in court. The parties can carry on with the claim, and often settle later with the benefit of what they learned at mediation.
