Australia's leaders in will disputes

CWPL is a boutique law firm, practising Estate Litigation in Sydney, NSW, Melbourne, VIC, Brisbane, QLD and Perth, WA, with a visiting office in Adelaide, SA.

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Mediation solve your dispute

What is a mediation?

A Mediation is frequently used as an alternative to going to court.

Some people wish to claim against an Estate and participate in a Mediation, rather than use the courts to commence their Will Dispute or Inheritance Claim.

If you are already involved in Court action and want CWPL to supply a Mediator to help settle the case without a court hearing, we can also help you.

What does a mediator do?

The aim of the Mediation is to help you and the other side, the Executor or Administrator of the Estate, to talk about the problems between you, discuss possible solutions that may be acceptable to both sides, and focus on trying to reach a solution, right there on the spot.

Each side is represented by their own lawyer, and the Mediator acts as a neutral, third party.

“Want to exercise your rights without a court hearing? Want to resolve litigation that is already under way? Mediation may be your answer.”

The Mediator is not your lawyer and he cannot give you legal advice. He is there to try to get both sides to reach a solution.

Mediation can be held without legal proceedings being commenced. Mediation is usually held in a “conference-room” environment, not in a court.

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Advantages of a mediation

A Mediation can be used as a way to get a payment from the Estate of the deceased, without commencing court proceedings.

A successful Mediation can provide a far and cheaper solution to your claim:

  • Your case does not sit in a court list. A Mediation can be held as soon as the parties and the Mediator can agree on a time and place.
  • You pay the Mediator’s fees, and your own lawyer’s fees, only for the time involved in preparing for, and holding the Mediation. You can avoid many on-going lawyer’s fees, court filing fees, and all of the costs of a drawn-out case going through the courts.
  • A Mediation is confidential. No documents are filed in the court and no-one else need attend, except the parties, their own lawyers and the Mediator.

And most importantly, with a Mediation, you have control of the way the dispute if settled. It is you and the other party who makes the decision as to whether to settle at the Mediation and what terms of settlement are acceptable to you. You will not have the decision made for you – by either a judge, the lawyers or the Mediator!

You are the person who decides how to settle the claim, and you do not need to settle if you are not satisfied with the outcome.

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Next: Mediations can avoid court proceedings

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