Alternative Dispute Resolution
Many of our specialist Alternative Dispute Resolution (ADR) lawyers are members of the Association of Contentious Trusts and Probate Specialists (known as ACTAPS) and all have considerable experience representing individuals and charities at mediations.
Tony Cockayne, Head of Disputed Wills and Trusts, is also a fully qualified, experienced mediator. Tony can help to mediate disputes as an independent third party as well as to represent clients at mediations.
At any time during the course of a dispute, parties can consider whether the matter can be settled to minimise the cost, time and stress of litigation. For charities in particular, mediation has the crucial advantage of minimising the potential reputational damage a Court case can have should the matter reach trial.
The benefits of mediation
Mediations usually take place at a neutral venue over the course of a day. The parties to the claim will have their own meeting rooms and there is often a central room where the parties can come together to explain their position to the other party. A third party (the mediator) will shuttle between the parties to discuss their respective positions in complete confidence and seek to broker a deal.
It is important to point out that the majority of cases that go to mediation result in a settlement.
Mediation is not only sensible in terms of saving considerable legal costs, Court fees and stress, but the Courts are now very critical of a party who refuses to mediate. A failure to consider ADR can even lead to a party having to pay for the other party’s legal costs.
If you think you may have a dispute that needs to be settled or you are looking to find out more about alternative routes to resolve an issue, please do not hesitate to contact a member of our team.
Recent experience
Advising in a family dispute relating to the interpretation of a will, claims to occupy agricultural land as tenants and the sale of co-owned land.
Assisting clients with the removal of defamatory material, in particular from websites and social media.
Obtaining an injunction for a private property owner against a neighbour who attempted to use of a right of way across the property to access other property which did not benefit from the right.
Representing a high-net-worth client in a multi-million dollar dispute with a former business partner over a joint venture business.
Advising in relation to an international premarital agreement with extensive business and property assets and inherited wealth across the UK and Ireland.
Advising a client opposing relocation of his child to New Zealand and associated applications for financial provision.
Acting for a Danish wife in respect of her judicial separation and subsequent divorce from her American husband and related financial remedy proceedings, involving substantial assets spanning Switzerland, US, Denmark and the Cayman Islands.
Acting for a UK domiciled client and trust beneficiary, defending a multi-million dollar tracing claim brought by a third party based in Kazakhstan. The case spanned multiple off-shore jurisdictions.
Representing the litigation friend of a minor in a major contentious probate dispute spanning numerous jurisdictions.
