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Wills & Trusts Mediation

Excellent chancery and probate team stands out on the Western Circuit, with members offering a wide range of expertise.”

The Legal 500 2024
Wills & Trusts Mediation Overview
St John's Chambers - Cross Garnet Rouge

What we offer in wills and trust disputes

Contentious probate and trusts disputes continue to increase in number and St John’s Chambers offers a range of trained mediators who are experienced in mediating every kind of contentious probate and trusts disputes.  Our mediators are happy to and have conducted mediations in person, remotely (by video and telephone), by hybrid means, both nationally and internationally.

Our expertise

Our mediators have an excellent understanding of the legal basis of contentious probate and trust disputes and have appeared in a number of the leading and recent cases, such as Hughes v Pritchard (weight of evidence of will draftsman in testamentary capacity cases), Larsen v Annan (adult children 1975 Act claims), Oliver v Oliver (undue influence), and Legg v Burton (mutual wills).  They are also familiar with the needs of the parties and their advisors in the different environment of a mediation rather than a courtroom.

Our mediators bring empathy and understanding to difficult personal and legal disagreements and use their skills to facilitate constructive discussions between the parties towards a compromise that everyone can agree on.  Mediations can be undertaken in evaluative or facilitative styles as appropriate.

Why mediation

Contentious probate and trusts disputes particularly lend themselves to mediation for many reasons.  Usually there is a limited fund which is the object of the dispute which can be rapidly depleted by the parties’ legal costs.  Often there are personal dynamics which are better resolved by agreement rather than being affected by the court imposing a decision.  And the process is usually quicker than it takes to reach a trial and judgment.

The court and judges are keener than ever to ensure that the parties have explored ADR before reaching trial.  The most recent updates to the Civil Procedure Rules will give the court the power to penalise parties in costs if they do not attend an ADR appointment without justification, including mediation.

Testimonials

  • Alex Troup KC: “Patient and persuasive. Thorough knowledge of the issues. Keeping his sense of humour. Spent sufficient time with each party listening to their point of view and then towards the end being bullish with parties in order to achieve a settlement on the day.”
  • Adam Boyle: “Adam’s kind and sensitive approach was fantastic. He successfully navigated the parties to reach an amicable conclusion despite the odds being stacked against him. I would definitely utilise Adam’s services in the future.”
  • John Dickinson: “Thank you very much again, especially on behalf of ….. for your exemplary conduct of …. mediation. Your calm and friendly efficiency, in our difficult circumstances, made us feel welcome, ensured that the proceedings were conducted with promptness, efficiency and confidentiality, and we’re grateful that this contributed to a satisfactory compromise within the time you’d allocated (just!).
  • Harry Spurr: “I thought you were an excellent mediator. You showed empathy and built a rapport with my clients. It was a very difficult case to mediate, as family financial disputes often are, but in this case more so […] You handled the situation sensitively, yet were able to keep the parties focussed on the objective, and it was largely due to your approach that an agreement in principle was reached […]  I have been involved in mediations for over 25 years, and I would certainly recommend you to others.”

Our mediation facilities

Our mediators are happy to travel to other venues, but Chambers regularly hosts mediations in our own suite of rooms for no additional charge.  We have excellent, modern and fully equipped, scalable conference facilities. Our main conference room can comfortably house up to 24 people and we offer a number of smaller rooms to suit varying sizes of mediation teams.  Video conferencing is available along with high speed WiFi, and all necessary catering and refreshments can be provided.

Our clerks offer efficient administrative support to ensure that your mediation is handled smoothly from start to finish.

Arranging a mediation – next steps

Our mediators charge a fixed fee for mediating, whether for a whole day, or for longer or shorter sessions.  You will find that our rates are highly competitive.  Please contact our clerks to discuss fees.

Our mediators are always pleased to talk informally about potential or upcoming mediations, and are well placed to offer guidance on sensitive issues such as process design, engagement and preparation.  Do get in touch if you would welcome a conversation and we will arrange for one of our team to talk to you.

Once a mediation is booked we will provide a timetable for the preparation and exchange of paperwork.  In appropriate cases our mediators will offer a pre-mediation online meeting with each team separately (without additional charge); usually this will take place shortly before the mediation.

Contact

For further information or to discuss a suitable mediator for your dispute, please contact Robert Bocock.

Contact A Clerk
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OUR Wills & Trusts Mediation TEAM
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