Estate Planning

The Case for Mediation

By Hull & Hull LLP

I am currently working on my Master of Laws in Alternative Dispute Resolution ("ADR"). When my peers discovered that I practice estate, trust and capacity litigation, they were surprised by my decision to pursue this degree. After all, a litigator is thought to spend the vast majority of time in court. In reality, 99% of all legal disputes are settled outside of court. Indeed, I find mediation to be an effective form of ADR.

The process of mediation is overseen by a non-partisan third party whose authority rests on the consent of the parties. The mediator endeavours to facilitate the development of consensual solutions by the disputing parties and has no independent decision-making powers. Many strategies and techniques are used to encourage the parties to reach a successful agreement. Finally, mediation creates conditions under which parties conclude a successful negotiation.

Mediation can be an especially effective tool in settling estate disputes. Generally, it is far more expeditious and economical in resolving even the most contentious matters. It allows the parties to discuss their conflict in a confidential and private environment. Furthermore, mediation provides the parties with the ability to craft their own solutions, as opposed to an imposed court Order.

The most compelling reason to attempt mediation is because it offers the best opportunity for family members to move beyond the bitterness and resentment and perhaps repair previous relationships.

Thanks and have a great day,

Allan Socken

Full post as published by Toronto Estate Law Blog on January 08, 2008 (boomark / email).