When bereavement occurs, the close friends and family members of the deceased are often full of grief. Suffering from their loss, they find themselves in an emotionally disturbed state which is completely natural. However, this is also the time when inheritance disputes emerge. The emotional impact of the loss often influences the feelings and actions of the parties involved. This type of dispute does have major legal ramifications but it is, at the end of the day, a completely personal and emotional issue where a lot of old grudges are brought up and miscommunications abound. This is therefore a completely unique type of legal problem and even courts sometimes have trouble passing a judgment which fair to all involved.
There are many different types of issues which can arise related to inheritance. The most complicated situation is the one where the deceased has passed away intestate, leading to many questions about who gets which parts of the inheritance. Even if there is a will in question, it may need to be legally verified by a court. A court issued probate might also be contested by one or more parties on many different grounds. All these different types of disputes can be easily and quickly resolved via a mediator. This is an option some people take on their own, while others might have to follow a court mandated order to take the help of a mediator to help them resolve their issues.
Mediation is method of dispute resolution in which a neutral, third party professional called the mediator conducts sessions with all the contesting parties present. The aim of these sessions is to discuss and resolve all the issues relating to the will. The mediator creates a safe, open environment where each party can communicate their demands and understand the opposite side’s point of view. A mediator does not provide any advice, especially of a legal nature, but they can guide the participants and help them to identify pertinent issues and resolve them quickly.
Mediation provides many benefits, especially when it comes to complicated inheritance disputes. Here are just a few:
- Emotional Impact is Minimal
A court case takes place in a very formal environment where there is no room for discussion. Evidence has to be presented and arguments have to be crystal clear. This kind of process is permanent and can cause lasting damage to relationships. Mediation, on the other hand, focuses on creating an open environment where communication is priority. The aim is to take into account the feelings of all involved and reach a compromise which everyone agrees with. Thus the emotional impact is not only minimal it can often work as a means of reconciling estranged members and improving relationships.
- Time and Money is Saved
A court case takes a lot of investment, of time as well as money. It can go on for years and there are many different legal fees involved. This can be a major inconvenience and really take a toll on all the individuals who are party to the case. Mediation, on the other hand, rarely lasts more than a few weeks and works out much more cost effective than a court case.
- Confidentiality is Guaranteed
The mediator is a trained professional and as such, he is bound to keep all the matters discussed in the meetings completely confidential. There is no risk of unnecessary publicity with mediation.
- The Final Solution is Mutual
The final solution is mutual and agreed upon by all parties. The mediator is completely impartial and does not impart any advice, but simply guides the participants towards a more productive and positive discussion. If the matter goes to court, the decision passed by the judge will be an externally imposed one which may end up pleasing nobody.
With family mediation, there is nothing much to lose and a lot to gain. Inheritance disputes can easily turn ugly, and to avoid this, mediation is the best option.
Need help with a dispute over Wills and Probate call us today on 03300 100 082