What is mediation and is it worth pursuing?
Often in a case, your solicitor or the Court may recommend that you go to mediation. This is because a successful mediation usually results in a significant saving of legal costs, provides certainty of outcome and allows the parties to craft a settlement that is often more suitable to their situation than orders made by the Court.
At mediation, the parties, with the help of the mediator and their lawyers, try to settle their case on agreed terms without the necessity of having to attend a Court hearing. The parties can choose to go to mediation on their own accord or be ordered to by the Court. The Court encourages parties to attempt settling the matter at mediation before a trial date is set. Notwithstanding the entrenched attitudes of conflicting parties, 85% of disputes are settled at mediation. This percentage is a testament to the fact that settlements agreed by the parties usually reflect a better resolution being achieved than if the matter had proceeded to a Court hearing.
In a recent case in which Sydney Wills Lawyers acted in, this was exactly what happened. Our client was a beneficiary of his late mother’s Will in which he was left $150,000 and a taxi plate. Our client’s brother was left $25,000 with the rest of the Deceased’s Estate estimated at over $1.5 million being left to their sister, who was also named Executor of the Deceased’s Will. Our client’s brother commenced a family provision claim against the estate and our client filed a defensive claim seeking to protect his share of the Estate provided under the Will.
The matter was mediated and settlement terms were reached by agreement between the parties. Sydney Wills Lawyers negotiated favourable terms for our client where he would receive the cash value of the taxi plate plus the legacy left to him under the Will. This was in circumstances where the value of the taxi plate was declining and the Estate agreed to pay our client the full value of the taxi plate, plus his legal costs. This was a very good settlement for our client the value of the taxi plate was declining. By settling at mediation, clients often receive payment immediately, do not have to endure further stress and uncertainty of a contested Court hearing and can move on with their life.
Sydney Wills Lawyers are expert Wills and Estates lawyers with over 25 years of experience in this area of law. We work hard to obtain the best results for our clients and strive to negotiate terms that will have positive, life changing results.
Please call our office today on 9221 2779 for a consultation and expert advice on mediation or family Will disputes.