Many different types of dispute can arise out of a deceased’s estate.  These can include disputes concerning:

1. Lack of testamentary capacity;
2. Lack of due execution;
3. Undue influence;
4. Construction or interpretation of a Will;
5. A failure to made adequate financial provision (pursued under the Inheritance (Provision for Family and Dependants) Act 1975; and
6. Disputes during the administration of estates.

Mediation is ideally suited to resolving such probate, wills and inheritance disput...

• you do not live near to the person you want to mediator with (perhaps you are even in different countries);
• you and the o...

• learn how mediation is used to resolve disputes and conflicts of all kinds;
• learn how mediation provides a quicker, cheaper and more effective alternative to litigation; and
• discover how the use of mediation benefits businesses, communities and individuals.

• How do you think that offer is likely to be received?
• How might you react to that offer if you were in the other party's sh...

• The parties does not liver near to each other, or indeed, if they are in different countries;
• The parties do not live near to a mediator;
• The parties wish to save time travelling to the mediator; 
• A party considers that they would be at risk of harm if they were in the same room as the oth...

• Unclear job roles
• Insufficient training
• Poor management
• Poor communications
• Poor work environment
• Unfair treatment
• Bullying and harassment
• Lack of equal opportunities

1. Lack of testamentary capacity;
2. Lack of due execution;
3. Undue influence;
4. Construction or interpretation of a Will;
5. A failure to make adequate financial provision (pursued under the Inheritance (Provision for Family and Dependants) Act 1975); and
6. Disputes during the administration of estates.

• A failure to make adequate financial provision (pursued under the Inheritance (Provision for Family and Dependants) Act 1975);
• Lack of testamentary capacity;
• Lack of knowledge and approval;
• Lack of due execution;
• Undue influence;
• Fraud and forgery;
• Revocation;
• Construction or interpretation of a Will; and
• Disputes during the administration of estates.

• Parties are having difficulty contacting each other, convening a meeting or starting talks;
• Disputants cannot reach agreement on an acceptable forum or structure for negotiations;
• Parties' emotions or expression of negative feelings about the situation or toward each other are intense and are preventing a focused or calm discussion or agreement;
• There is a significant lack o...

• The primary and critical people involved in the dispute who could potentially engage in a joint problem-solving process;
• Interdependent and must rely on the cooperation of one another to meet their goals or satisfy their interests;
• Able to identify and agree on the major issues in dispute;
• In a situation where their interests are not necessa...

• You do not live near to the other party (perhaps because you are in different countries);
• You and the other party do not live near to a mediator;
• You wish to save time travelling to the mediation;
• You consider that you would be at ri...

1. one of the parties has been absent due to work-related stress and his or her GP advises against participating in the mediation;
2. one of the parties insists that an investigation needs to take place before he or she will participate in the mediation;
3. the parties have not voluntarily agreed to participate; and
4. allegations of fraud have been made.

• Unfair treatment
• Unclear job roles
• Insufficient training
• Poor management
• Poor communications
• Poor work environment
• Bullying and harassment
• Lack of equal opportunities

• A failure to make adequate financial provision (pursued under the Inheritance (Provision for Family and Dependants) Act 1975);
• Lack of testamentary capacity;
• Lack of knowledge and approval;
• Lack of due execution;
• Undue influence;
• Fraud and forgery;
• Revocation;
• Construction or interpretation of a Will; and
• Disputes during the administration of estates.

Although mediation of personal injury claims is common in the US, in the UK, mediation is used in less than 2% of personal injury claims.  This article considers the suitability of mediation for personal injury claims and provides tips for improving the chance of settlement.

Mediation and Personal Injury

In mediation, the parties to a dispute sit down with a neutral third person (the mediator) who is trained to help the parties come to a mutually satisfactory agreement. A settlement is reached ...

• Adoption of formal procedures for dispute resolution is now almost ubiquitous
• There is little to suggest that mediation is being used at an early stage to prevent ...

• upon the raising of a grievance
• during or after an investigation into a grievance
• after a grievance meeting 
• before a grievance appeal
• when an employee returns to work after a long-term abse...

• if the parties live far apart from each other;
• following face to face mediations which have been adjourned;
• to save costs; and 
• in the Small Claims Court Mediation Scheme.