For most people, the prospect of taking a dispute to court is daunting. During the trial, the judge will decide which party’s case is legally correct and which evidence, including the testimony of any witnesses, can be relied on.
In addition to the pressure and uncertainty of the trial, the court process usually takes many months and the time leading up to trial will be filled with various deadlines for completing aspects of the preparation, and interim hearings. The amount of work that the parties’ lawyers are required to do during this process is significant and this is the reason that the cost of taking cases to trial is so large.
Inheritance disputes are particularly intimidating as, for various reasons, they entail a greater degree of uncertainty and a larger amount of work by the parties’ lawyers.
Most cases can be resolved by parties reaching a compromise settlement; indeed the court increasingly expects and can even compel parties to try to reach an out of court settlement.
Alternative Dispute Resolution (ADR) is therefore on our minds from the moment we receive instructions in a case. There are several different routes to reaching a settlement.
The simplest option is for the parties or their lawyers to try to reach an agreement in written negotiations. You will be advised on making an offer to resolve the case, or responding if your opponent has made an offer. These negotiations are usually conducted “without prejudice” meaning that they cannot be shown to the judge if no settlement is reached and the case goes on to trial, to encourage frankness. A particular type of offer called a “Part 36” offer has specified consequences if it is not accepted and the case goes to trial.
Often, settlement can be reached at a mediation meeting where all of the parties are assisted by a neutral, independent mediator to reach a compromise. The mediation can take place at one of the lawyers’ offices, or a neutral venue, or by video call. In most inheritance disputes, the parties do not see each other face to face and communicate only through the mediator.
Similar meetings can also take place without a mediator where the parties’ lawyers alternate between meeting each other and meeting their clients.
Other forms of ADR are possible where a suitably qualified person, or even a judge in court, gives an opinion on the likely outcome if the case proceeds to trial in order to assist in negotiations.
ADR is usually guided by the likely outcome of the case if it were to proceed to trial, so a strong or valuable claim is more likely to result in a high settlement. Many other factors also affect the outcome including the ability and appetite of either party to fight the case in court and other personal factors.
ADR can result in different outcomes to court, such as an agreement for one of the parties to receive a particular item that holds sentimental value for them, or an arrangement which is more tax-efficient than a court ruling. The process is usually more flexible and informal so it should not be as intimidating as a court trial.
In all cases, the settlement will need to be drawn up into a binding agreement so that all parties can rely on it.
How we can help
If you have an issue with an inheritance, WBW can help you to resolve the case at an early stage through ADR. Our experienced lawyers will be able to guide on you on the most appropriate form of ADR. Send us an email at cp@wbw.co.uk or call our client co-ordinator on 01626 202384.
WBW Solicitors has offices in Axminster, Bovey Tracey, Brixham, Exeter, Exmouth, Honiton, Launceston, Newton Abbot, Paignton, Seaton, Sidmouth, and Torquay.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
