Mediation of Will Trust & Probate Disputes

Most cases settle following mediation/negotiation. Instead of litigation, I offer a simple, cost-effective, and commercially focussed fixed-fee early settlement service that as a mediation advocate involves:

  1. an initial Zoom conference to discuss the facts of your case and the evidence;
  2. reading time, followed by a further Zoom conference to discuss the potential grounds of claim, and chances of success (‘legal merits’); and
  3. a fixed fee 1-2 day settlement negotiation/mediation (currently by Zoom) involving the following preparation:

3.1       drafting a 3 page commercial analysis of your claim/defence/counter-claim;

3.2       drafting a 15 page legal risk analysis of the claim/defence/counter-claim (i.e. law; remedies; procedure; burden of proof; evidence; and costs);

3.3       the joint development of a methodology and proposals (i.e. a strategic ‘settlement roadmap’) for settling the claim/defence/counter-claim;

3.4       drafting correspondence and a position paper for the negotiation/mediation; and

3.5       drafting a settlement agreement.

To enquire about my availability, please send an email to carl@ihtbar.com or call my Clerk Mr Ian Hogg on 0207 936 3030.

Following an initial telephone call documents in the case can be emailed to me through the cloud.

Please also read my Guide to Instructing a Public Access Barrister on the ‘Public Access Barrister‘ page of this website.

For the methodology I have designed and pioneered for trust disputes – the ‘BME Mediation method’, see Chapter 12 (ADR and settlement) of my book the Contentious Trusts Handbook’, published in July 2020 by the Law Society of England and Wales.

For mediation techniques that apply in will and probate disputes, see Chapter 10 of my book, the Contentious Probate Handbook , published by the Law Society in 2016.

Purchasing links:

Wildy & Sons Ltd — The World’s Legal Bookshop : Islam, Carl

Contentious Trusts Handbook – Law Society Bookshop