Mediation can be used to resolve legal disputes in respect to the distribution of deceased estates, just as it is used for businesses and other legal matters.
In estate disputes, mediation can be effective in resolving disputes concerning entitlements to the deceased person’s assets, variation of the distribution of the estate assets under the Will, the entitlement to occupation of real estate and the responsibility for payment of debts and liabilities.
Advantages of Mediation
The advantages of mediation are primarily to do with having a neutral party, such as the mediation lawyers at McNab McNab and Starke, assist the parties to come to an agreement. We can offer advice and assistance to settle legal disputes and issues from a perspective that considers each party’s responsibilities, obligations and rights under the relevant laws. Mediation is a good option, as it is simpler than using the formal court system and it is less expensive.
Mediators are tasked with treating all parties equally. Parties involved in the dispute often interact with mediators at the same office, but with each party in a different meeting room. Benefits of mediation include reducing confrontation and allowing all parties to feel comfortable and avoid intimidation. A mediator will typically present various scenarios to all parties involved until the parties reach a joint resolution.
Relationship Mediation Saves Stress and Costs
When a dispute can be resolved through mediation alone, it is easier, less costly and takes less time than if it were to be determined by a court. Mediation also keeps your dispute private and confidential, whereas court proceedings can be open to the public. The confidentiality of mediation may allow involved parties to experience less stress than they might have in a public courtroom, where the history of their dispute is open to listeners.
Mediation eliminates court fees and the need for each party involved in a dispute to pay attorney barrister, and the cost of mediation is typically shared among those parties involved in the mediation.
Mediation for Children, Parental Mediation & More
Mediation lawyers can play an important role in the resolution of a wide range of legal disputes. These include:
- Estate disputes
- Property disputes
- Inheritance and disputes over Wills
Both parties must be willing to work with the mediator and reach a decision that is acceptable to all parties. Whilst there are times when mediation does not resolve the problem, our experience is that the vast majority of cases which are mediated do result in agreement.
Mediation Lawyers in Melbourne
If you’d like assistance from a Mediator to resolve a legal dispute, whether an estate dispute or commercial dispute, contact the team at McNab McNab & Starke. We are a long established Victorian legal firm with a distinguished record of service for more than 100 years, across a broad range of legal disciplines.
Contact us today by calling us on 03 9670 9691 or by using our online contact form.