We are Probate Mediators
Our role as experienced family and civil mediators is to navigate the emotional rollercoaster that arises during any dispute. This could include the dissolution of a family business, neighbourhood disputes, claims under the Trusts of Land and Appointment of Trustees Act, farming and agricultural disputes or probate disputes.
At Crowther Mediation, Nicola Crowther and Judith Young are dual qualified as family mediators and civil commercial mediators. Having this dual qualification gives them a unique perspective when dealing with highly emotive family issues, in a civil commercial setting.
How do Probate disputes arise?
The death of a family member is always an emotive time for everyone concerned. However, if that family member did not make their wishes expressly clear in a will or perhaps didn’t make appropriate provision in their will, a dispute can arise between family members and/or beneficiaries.
Is mediation a good way to resolve a probate dispute?
As mediators we are trained to salvage relationships, for example a separated couple who still need to have a relationship as parents for their children or perhaps two businesses who need to salvage their relationship to secure work for the future. For us, it isn’t just about enabling the parties to make a determination on the outcome, but it’s about mending those bonds which enable us to avoid future conflict and find peace with the resolution.
The court process has neither the skills nor the resources to address the underlying issue of the conflict. Their preferred currency being facts and not feelings. That’s where mediation comes in.
How can probate disputes be resolved in Mediation?
Conflicts driven by emotion are the without doubt the most hotly contested and the most complex to resolve. Grieving beneficiaries become principled very quickly, often claiming not to interested in time or costs “It’s the principle of the matter!”. As mediators we know as soon as a client mentions ‘principles’ there is a good chance they have become irrational and lost all sense of reason. They don’t care how much it will cost, or how long it will take, as long as the truth will be heard! But will it? Can we ever really know the true wishes of a person no longer with us? Can we be absolutely sure the court will make the ‘right’ decision? It’s simply too much of a risk – financially and emotionally.
Often, what helps people to see reason isn’t an extra share of the financial pot, but a simple apology or a recognition of the additional care they gave. There is usually common ground to be had in that all parties can agree a loved one would not want to think they had caused such distress and would not want their funds spent on a court case!
Why choose Crowther Mediation to resolve your probate dispute?
It takes a real expert Probate Mediator to unearth the emotive issues behind a probate dispute and find a resolution, having known the parties for only a few hours. This requires a unique skill set, coupled with a great deal of experience. It’s what we do.
Contact Crowther Mediation today and find out how we can help.
