Clear & Effective Will Disputes Mediation
Get a quick and secure resolution to your will dispute so that you can move on
Whether you are defending or contesting a will, you can engage our estate mediation services that act as alternative to courtroom litigation, which saves both time, money and stress. At O’Sullivan Mediation, we can help facilitate a meaningful dialogue between parties that is supervised by a will dispute mediation professional.
Why go with estate mediation?
Learn why this process is superior to defending or contesting a will in court
Everyone knows that will disputes can be highly acrimonious and lengthy legal battles that allow a dark cloud of animosity to linger over a recently deceased loved one, friend or mentor. Nobody wants to go through this process, but they continue because they don’t see any other means of resolving the matter in a way that’s fair for all.
Estate mediation is a form of ADR (alternative dispute resolution) and is the most frequently used method for bringing disagreements to a neat resolution that avoids the cost and time commitment of a court battle. It is all about reaching a compromise that leads all parties to walk away feeling as they were listened to and that the outcome was fair.
This process can be over very quickly (in just one session). The main goal is for parties to agree, in principal, on a settlement that can be drafted into an official document at a later point.
As a bonus, these agreements that are reached via estate mediation are generally longer-lasting and less likely to be argued against in the future. This gives you peace of mind knowing that you can have the matter well and truly put to bed.
Find out how we conduct will dispute mediation
1. Initiate contact
You, or the other party, make contact with us and submit a request for estate mediation. The other party is contacted to ensure their interest in the process and the issues that are to be discussed are tabled.
2. Selecting a practitioner
Once the process begins, a will disputes mediator will need to be chosen from a list of candidates we provide you with.
The negotiation sessions begin in earnest.
If a settlement is reached, it is agreed to and parties consent to the arrangement.
If a settlement cannot be reached, alternative methods can be attempted or will dispute mediation can be reattempted at a later date.
The benefits of will dispute mediation
Take a look at the specific benefits of engaging in estate mediation
- Faster than going to court
- Less expensive for everyone involved
- You can be creative with the settlements you create as they don’t need to adhere to precedent.
- Fully confidential! Anything that is said or presented during the negotiation can’t be used in court later on
- Much less stress than a court battle
- Informal, so there’s no need to learn complex jargon or go through cumbersome formalities
- A proven rate of success, with 90% of will disputes being settled via this method before going to an NSW court
- If the matter does go to court, the issues will have been more clearly identified via the negotiation regardless
- Costs are clear from the very beginning of the process, while court fees can grow
- Works on your time, so you don’t need to wait for a judge to hear you
Meet our principal practitioner for wills & estate mediation
Tom O’Sullivan is the principal mediator at our firm and had an extensive range of experience helping disputing parties reach a compromise when they are defending or contesting a will. Tom is well aware of the awkward and distasteful nature of will disputes and thus, he understands the need to resolve matters in an expedient and honest way.
Tom’s goal is to ensure that, at every stage of the process, both parties feel listened to and that the compromise reached was ultimately fair. Failing to resolve the matter then and there can open the issue up for further debate when both parties would rather just move on with their lives.
In his approach, Tom seeks to make sure that the dignity of all parties is maintained and that a solution can be reached in as little time as possible. Tom’s primary concern is making sure that neither party can exert leverage over the other and that the whole process takes place on an even playing field.
If you are interested in pursing will dispute mediation with O’Sullivan Mediation, contact us today and let’s start talking!