Of the 130 mediations I have conducted over the last 5 years, 112 have settled. From the 18 mediations which have not settled I have noticed some common themes. I thought it would be helpful to share my insights.
Contentious trust and probate disputes are tough to resolve because of the emotion and psychology at play. Advising the client about the law is often the easy bit. Most cases settle without going to Court, so it is best to bear this in mind from the outset of the case. Whilst your client may tell …