Alternative dispute resolution, also known as ADR, permits parties to resolve their dispute without involving the court.
ADR includes mediation and other types of negotiation such as round-table meetings, verbal discussions and written correspondence. When the parties have reached an agreement, this can be recorded in a legally binding document.
Most contentious probate claims and trust disputes resolve without court proceedings, or if claim has been issued, before a final hearing and judgment.
The advantages of ADR are:
- Disputes can be resolved more quickly
- There is greater flexibility in reaching a solution than that which may be imposed on the parties by a court judgment
- Disputes can be resolved at lower cost than proceeding to a trial at court
- The parties can agree to keep any settlement confidential
There is a duty on all parties to reasonably consider ADR when bringing or defending a claim. If you are found to have unreasonably refused to mediate or engage in ADR you could be penalised in costs by the court.
If you would like to discuss the use of alternative dispute resolution in will, trust and estate disputes, please contact us.
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