heading for mediation in an Inheritance Act claim.

[DaisyandSimeon]

This is our next step in our IA claim for reasonable financial provision for a spouse who has been left a small percentage of the deceased's house after a moderately long marriage. It would leave them inadequately housed in a one bed flat.

We have a good case but the defendants have been obstructive and untruthful in ridiculous allegations and lies. So no point in continuing with correspondence so mediation is our only option.

The defendents are two adult children of the deceased who are both employed and housed with mortgages.

We want a life interest and increased percentage.

Our questions are
Can we do this on Teams or Zoom as it's difficult to get everyone together?
If in person are we all in the same room or seperate rooms?
Are the respective solicitors also sitting with their clients?
Who does the talking? Does the solicitor put the case forward? Can we and the defendants speak? ** Does past conduct figure in the proceedings? Who is allowed into the meeting?

Our solicitor says the mediator will advise both sides what will happen in court to encourage movement.

Also how much will it cost us if the solicitor puts in for a court date as we feel it would concentrate minds, but as we are paying it would be nice to know.

** The defendants have lied throughout and we have provided proof at every step they lied, and wonder if this conduct can be disclosed to discredit further lies they choose to make?

Can we do this on Teams or Zoom as it's difficult to get everyone together?

Yes

If in person are we all in the same room or seperate rooms?

It depends. Generally everyone will be in the same room but, if there are good reasons why this isn't possible, the two sides will be in separate rooms and the mediator will shuttle between them.

Are the respective solicitors also sitting with their clients?

Yes.

Who does the talking? Does the solicitor put the case forward? Can we and the defendants speak?

Up to you. But this is not about putting your case forward to the mediator for them to make a decision. This is about attempting to agree a settlement with the other party.

Does past conduct figure in the proceedings?

As above, the mediator does not decide the outcome. The parties involved decide.

Who is allowed into the meeting?

The mediator and both sides. This is not a public hearing.

The defendants have lied throughout and we have provided proof at every step they lied, and wonder if this conduct can be disclosed to discredit further lies they choose to make?

In mediation, you have no-one to discredit them to. You aren't trying to persuade the mediator. They are just there to facilitate the discussion. You are trying to arrive at an agreement with the defendants that will allow you to settle without going to court.

@prh47bridge Thank you this is very helpful.
Our solicitor has said the mediator will steer everyone towards the law in relation to the case, and point out what a court is likely to decide if it goes to court, so I am hoping the other side will be more reasonable. So far their solicitor has said things like 'our clients will evict you because you have had multiple family members visiting the house' (untrue), 'rent is accruing because our clients are majority shareholders' and other threats.

This is making us very concerned that mediation will just be more of the same and a waste of money. We have a strategy to reduce areas of the claim and give a lot of ground at mediation, but suspect they will give nothing, so will the mediator write a report for the court if that is where we end up setting out the positions taken by us and them?

Mediation is confidential. The conversations are on a "without prejudice" basis, meaning that they cannot be referred to in court. So no, the mediator will not write a report for the court. Prior to mediation, you should get an "agreement to mediate" which will set out the limited circumstances in which the mediator will share information with the court. But, in order for mediation to have any chance, both sides need to be able to talk freely, knowing that nothing that happens in mediation can be held against them in court.

Thank you, really interesting @prh47bridge