Estate Mediations

Mediation Matters

Today I am at "Round the Table with Mike" which is a free service for people to call in and chat with a mediator about the process generally or to discuss any particular issues.

Round the Table with Mike takes place on the first and third Wednesdays of each month between 4pm and 6pm at the Brisbane Mediations Dispute Resolution Centre.

Patrick Wedge, one of our mediators has called in for a chat. Patrick was in a past life, the Deputy Public Trustee of Queensland and so, as one would expect, has considerable experience in Estate Mediation.

As well as being on our panel, Patrick conducts his own Mediation practice.

I asked Patrick for his opinion as to the cause of estate disputes and his reply was as follows:

" One of the principal reasons for disputes in deceased estates is that people's expectations have not been met. A person may have expected to receive a greater share in an estate or may have been left out completely. Where there is ill feeling with the other beneficiaries in settling the issue, a dispute arises".

I then said to Patrick: "At what stage should people seek to mediate?  Should they mediate as soon as the dispute arises or should they wait until some formal court process is initiated?

 Patrick replied:

"The sooner the parties involved have the opportunity to discuss the issues, the better off they will be emotionally and a solution can be negotiated at mediation".

I once heard estate litigation described as "Family Law from the Grave", and certainly estate disputes can often give rise to the same high level of emotions as Family Law. Mediation with a competent mediator such as Patrick, offers the opportunity for resolving the issues without the high costs and delay of litigation. If handled sensitively, mediation also offers the opportunity to repair the relationship between the disputing parties.

The important thing is to seek advice before everyone becomes too embroiled in the dispute.