What is alternative dispute resolution?
ADR is an umbrella term for ways of resolving legal conflicts without going through a full court trial, using processes such as mediation, arbitration, conciliation, or negotiation to reach an agreed or binding outcome more quickly and cost-effectively. According to the Centre for Effective Dispute Resolution (CEDR), 92 per cent of mediations succeed overall, with 72 per cent settling on the first day.
Dealing with a family inheritance dispute? Don’t wait for your case to escalate or become more costly. Our expert probate solicitors can guide you through successful solutions outside of court. Contact us now on 020 4572 1060 or complete our online enquiry form for a confidential consultation on mediation and dispute resolution.
How does alternative dispute resolution work in inheritance disputes?
The usual method of ADR in probate cases is mediation.
- A neutral mediator (often a solicitor or barrister with probate experience) is appointed and agreed by all sides.
- Each party provides the mediator with a short, written summary of their position and the key issues in dispute.
- On mediation day, the parties meet (in person or online). The mediator speaks with everyone together and separately, exploring options and encouraging
- Discussions are confidential, and nothing said can be used in court if the case later proceeds to trial.
- If a settlement is reached, it’s recorded in a legally binding If not, the case can still go on to litigation.
Another approach is Early Neutral Evaluation (ENE), where an independent barrister or solicitor gives an early opinion on the likely court outcome, helping parties see risks clearly.
- An evaluator (often a barrister or retired judge) is jointly appointed by the
- Each side submits a short, written summary of their case and supporting documents (e.g. the will, medical evidence, valuations).
- The evaluator reviews the material and gives a confidential, non-binding opinion on how a court would be likely to decide the dispute.
- This provides a “reality check” and often pushes parties towards settlement, especially if one side is being unrealistic.
How do I find a mediator for a probate dispute?
- Check accreditation bodies. The Civil Mediation Council (CMC) keeps a public directory of accredited mediators in England & Wales, while specialist providers like the Centre for Effective Dispute Resolution (CEDR) also have panels of mediators with probate experience.
- Ask your Most contentious probate solicitors have preferred mediators they trust and can make a recommendation. Solicitors can also handle the formal approach to the other party, inviting them to mediation.
How Lewis Nedas can help with probate planning and disputes
Expert Probate Guidance
Our probate solicitors guide clients through the entire estate administration process, from valuing assets and handling debts to preparing and submitting probate applications, even when an application is made without a will.
Dispute Resolution
When disputes arise among beneficiaries or executors, Lewis Nedas can mediate and resolve issues effectively, to avoid costly court battles.
Wills, Trusts & Estate Planning
We offer a fixed-fee, one-hour initial consultation with one of our specialist private client lawyers. This can cover a wide range of matters, including Wills, Probate, Lasting Powers of Attorney, Estate Planning, Trusts, Care Home arrangements, and other related legal issues.
Lewis Nedas has been a top tier firm in the Legal 500 rankings for the past 14 years and has also featured consistently in The Times Best Law Firms list since its launch in 2019.
Fees
We are committed to providing clear and transparent information about our legal fees. We do not operate on a ‘no win, no fee’ basis, but instead offer tailored fees that reflect the complexity and requirements of each case.
Our fee structure comprises our competitive hourly rates and in certain cases we may be able to seek litigation funding. Fees are discussed and agreed with clients at the outset to ensure clarity and avoid unexpected costs.
Frequently Asked Questions
What is a probate dispute?
A probate dispute is a disagreement between people over a will, inheritance, or how an estate is managed after someone dies.
How can mediation help with inheritance conflicts?
Mediation brings families together with a neutral mediator to discuss concerns, explore options and reach a practical agreement that works for everyone involved.
Can I avoid going to court over a will dispute?
Many inheritance disagreements are settled out of court through mediation or negotiation, saving time, costs, and stress for everyone.
What happens if no agreement is reached in mediation?
If mediation does not result in a settlement, the case can still be taken to court, but the process may be quicker as both sides understand each other’s positions better.
Speak to Our Probate Dispute Lawyers Today
Whether you’re facing a contested will, inheritance dispute, or disagreement over an estate, our probate and dispute resolution team are here to help. We simplify even the most complex disputes and can achieve fair outcomes through mediation or court if needed. For clear advice and practical solutions, call 020 4572 1060 or complete our online enquiry form for a prompt response.
