Mediation
How mediation works, and why it suits these disputes
Mediation is a voluntary, confidential process. The mediator is independent and neutral, does not decide who is right and does not impose a settlement.
Why mediate?
Why mediation suits inheritance, probate and trust disputes
Litigation over an estate or a trust can be expensive, lengthy and destructive of family relationships. Mediation allows the parties to explore practical solutions which a court may not be able to impose.
Control
The parties retain control of whether, and on what terms, the dispute settles. Nothing is imposed by the mediator.
Confidentiality
Mediation takes place privately rather than through a public trial, which matters greatly in family and private wealth disputes.
Cost
Contested probate and trust litigation can consume a substantial proportion of the assets in dispute.
Flexible solutions
Settlements can potentially address matters beyond the remedies a judge could order, including practical arrangements between family members.
Family relationships
Mediation offers a less adversarial environment where the parties have continuing family relationships.
Speed
Mediation can take place without waiting for the litigation process to reach trial.
Mediation does not require a party to abandon their legal rights. Any agreement is reached by the parties themselves, and a party remains free to continue with litigation if the dispute does not settle.
The process
The four stages
Enquiry
A solicitor, party or professional adviser contacts ProMediate with basic details of the dispute: who is involved, the nature of the issues, the approximate value and whether proceedings have been issued.
Conflict check and arrangements
The proposed mediator checks for conflicts of interest. Arrangements are then agreed with all parties, including the date, the format, the duration and the mediation agreement and fees.
Preparation
The parties provide an agreed mediation bundle or concise position papers together with any essential documents. The mediator may hold short preliminary calls with each party beforehand.
Mediation
The mediator works confidentially with the parties, in joint session and in private meetings, to explore whether an agreed resolution can be reached. Any settlement is recorded in writing before the parties leave.
Online or in person
Mediation may take place online or in person. Online mediation removes travel and venue costs and works well where the parties are in different parts of the country. In person mediation can help where the issues are particularly personal or where several parties and advisers need to work together in one place.
Half day or full day
A mediation can be arranged for a half day or a full day depending upon the nature and complexity of the dispute, the number of parties and the volume of documents. If a dispute does not settle on the day, the mediator can often continue to assist the parties afterwards.
Who attends
Each party normally attends with the person who has authority to settle, together with their solicitor and, where instructed, counsel. Family members or advisers may also attend as support with the agreement of the parties. Where attendance in the same building is difficult, arrangements can be made for parties to remain apart throughout.
Confidentiality
Mediation is conducted on a confidential and, generally, without prejudice basis under the terms of the mediation agreement signed by the parties. Discussions in private sessions are not passed to the other party without permission.
If the dispute settles
Any agreement becomes binding when it is recorded in writing and signed by the parties, or in whatever form their legal advisers consider appropriate — for example a consent order or Tomlin order where proceedings have been issued.
Insights
Related insights on mediation and the courts
Research & Trends
Inheritance Disputes Are Rising: Probate Caveats Have Increased by Almost 80% Since 2010
Probate caveats in England and Wales increased from 6,358 in 2010 to 11,328 in 2025. We examine why inheritance disputes are rising and the role of mediation.
Peter Causton · 4 September 2026 · 12 min read
Mediation & ADR
When the Court orders a party to attend mediation
On 12 September 2025, in the Business and Property Courts at Bristol, His Honour Judge Paul Matthews handed down a judgment that is likely to be studied by both probate practitioners and mediators for some…
Peter Causton · 11 September 2025 · 6 min read
Contested Wills
The £200,000 Stamp Collection Sold for £1: When a Will Dispute Costs Almost as Much as the Estate
What Neate v Heselden teaches about contested wills, testamentary freedom, knowledge and approval, litigation costs and the role of probate mediation.
Peter Causton · 4 September 2026 · 9 min read
Discuss a Mediation
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