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What does mediation in an Inheritance Act claim entail?

3 replies

Sneezecakesmama · 25/10/2021 13:53

So, because of the ridiculous attitude of the other side in an IH claim and their not being reasonable to a husband having residence for life and a beneficial interest in his late wife's house, the solicitor thinks we may just as well go straight to mediation rather than continue with correspondence which is going nowhere.

Our concern is the mediating solicitor(s?) will just continue with their mud slinging and denial of the husbands rights and we end up in court.

  1. How are mediators chosen?
  2. Does each side have their own mediator
3 Is it done via Zoom/Teams
  1. does the mediator keep both sides to the letter of the law?

We feel the oppositions solicitor is telling them what the law is but they are insisting they won't accept the advice and instead putting forward a needs based counter claim based on the fact they now can't afford to send their child to Gym Tots.

OP posts:
Soontobe60 · 25/10/2021 13:58

The mediator is an independent person, who’s role is to facilitate a discussion between 2 parties. In disputes it’s expected to attempt mediation before going g direct to court,

prh47bridge · 25/10/2021 17:16

1 Usually, by joint agreement of both parties
2 No, you agree on a mediator between you as per question 1
3 It can be
4 It is not the mediator's job to enforce the law, nor will they give legal advice. They are there to try and help both sides reach an agreement without going to court. This usually means both sides accepting less than they would get if they won in court but without the risk of losing. You will not be forced to accept anything. If the mediator isn't able to broker an acceptable deal, you can still go to court.

Sneezecakesmama · 25/10/2021 22:08

Thank you, very helpful :-)

OP posts:
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