LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

Father's Deceased Estate - How Does Mediation Work?

Discussion in 'Wills and Estate Planning Law Forum' started by john3125, 31 March 2016.

  1. john3125

    john3125 Active Member

    Joined:
    25 February 2016
    Messages:
    13
    Likes Received:
    0
    I was after some information regarding mediation and how the whole process works. Our late father's deceased estate is being challenged and the opposing side has asked for mediation. Probate has been granted and the estate is nearing its 6 months for distribution.

    Any help would be grateful
     
  2. Bob

    Bob Well-Known Member

    Joined:
    16 April 2014
    Messages:
    19
    Likes Received:
    0
    Generally a mediator is appointed to meet with both parties in order to help them to come to an agreement or negotiate a settlement on the matters. He or she can help them to identify the issues they need to overcome and/or suggest solutions to overcome them. Its also of benefit where there is a risk of emotions running high and getting in the way of resolving the situation.

    If its using a free mediation service at a court or similar, then usually you would have to apply then you would be allocated a date and time to show up at the court. You would not have a choice of mediator. Alternatively, you can arrange a private mediation - you would need to agree on a mediator and pay them (usually they are a barrister or similar) and each party could bring their own solicitor.
     
  3. winston wolf

    winston wolf Well-Known Member

    Joined:
    21 April 2014
    Messages:
    343
    Likes Received:
    101
    You won't be able to distribute anything until the contest is settled (often a year or two). I assume it's a family provision claim. In NSW, mediation is mandatory and expected in other states.

    Normally both sides will exchange affidavits first. The mediation is the first opportunity to make the person an offer to drop their claim. It's an old school barter session where you try to avoid court, where the really big costs come into play.
     
  4. john3125

    john3125 Active Member

    Joined:
    25 February 2016
    Messages:
    13
    Likes Received:
    0
    Thank you for your replies. Where are currently in Victoria. Does mediation have to happen, or can the exucutor refuse mediation? Then what happens? Do the beneficiaries get told about mediation? Do they need to attend?
     
  5. winston wolf

    winston wolf Well-Known Member

    Joined:
    21 April 2014
    Messages:
    343
    Likes Received:
    101
    If the executor chooses not to attend mediation the case would proceed to court. Beneficiaries wouldn’t normally attend mediation. How much you are involved is up to the executor.
     

Share This Page

Loading...