Mediation
Allowed to escalate out of control, conflict can tear families apart and destroy hard earned fortunes.
Mediation is a confidential process, conducted without prejudice to the parties’ rights in law, in which a neutral mediator helps the parties to identify where their underlying interests lie; to identify and explore possible means of satisfying those interests; and, hopefully, to find a resolution acceptable to all. Mediation may be used as an alternative to litigation, or as an adjunct to it.
As mediator, our role is to design and manage the mediation process, and to facilitate the ensuing dialogue.
Case Study
We have mediated a variety of trust, probate and succession claims, and disputes over family businesses, including multi-party and multi-jurisdictional disputes, involving:
- allegations of lack of capacity, want of knowledge and approval, and undue influence;
- claims under the Inheritance (Provision for Family and Dependents) Act 1975;
- cohabitee claims under the Trusts of Land and Trustees Act 1996;
- claims of breach of trust and fiduciary duty;
- claims of sham and improperly constituted trusts;
- disputes as to the ownership and control of pooled family funds;
- deadlock between family trustees owning family businesses; and
- deadlock between family (including step-family) co-directors.