- Service Australia-wide
At National Online Mediation Service, we understand the sensitive nature of wills and estate disputes. That’s why our overarching aim is to prioritise delivering a fair outcome for all parties involved—while helping to minimise strain and emotional distress. Our wills and estates mediation service offers a confidential and impartial process where we value your privacy and can help to resolve a range of complex disputes in a cost-effective and less stressful manner.
With our mediators’ evaluative approach, flexible scheduling and online process, parties are given the opportunity to maintain or repair relationships while finding a suitable resolution that can allow each person to finalise and move on from the dispute. We facilitate video conferencing mediations in Port Macquarie, Sydney, Brisbane, Melbourne and all over Australia.
To find out more about how we can assist you, contact us today via our contact form or by email.
National Online Mediation Service uses an evaluative approach in wills and estate disputes. In evaluative mediation, it is important for our mediators to listen more than they speak. This helps ensure all parties can have their say while the mediator focuses on the legal standing of the involved parties (with respect to relevant law) and provides guidance closer to legal advice. The mediator can also offer value assessments during the process, making this model particularly useful for navigating complex matters.
Evaluative mediation can also help to reduce feelings of animosity or hostility between parties, as it gives them the opportunity to have their concerns addressed by a neutral third party. This allows people to discuss the issues at hand constructively, without fear of judgement or reprisal from the other party.
To learn more or get started with our team, enquire now.
Mediation is a voluntary process. If a participant becomes upset, confused or needs further advice, they can temporarily suspend or end the mediation. Often parties request a break or a private session with the mediator. There are times when the mediator wants a break.
We recommend obtaining legal advice. Free legal advice is available from the Legal Aid advice line in each state and Territory of Australia. You can also attend Community Legal Centres and private lawyers. We welcome the assistance of lawyers.
That is generally of much greater assistance to the participants than ‘pub talk’; or advice from ‘friends and family’. Sometimes people who do not have any ‘skin in the game’ or who are just plain angry from their own fight do not give the best advice, notwithstanding they have their friends’ best interests at heart.
Mediation can still proceed even if there is a Protection Order, Apprehended Domestic Violence Order or Apprehended Personal Violence Order in place, depending upon the jurisdiction in which it has been made, provided mediation is not prohibited by the order. It is necessary for us to be provided with a copy of the Protection Order before we can proceed.
If the order says that there is to be no communication between the protected person and the defendant except through a legal representative, then mediation cannot proceed. Most orders allow mediation. If not, then an application can be made to the originating court for a variation to allow for mediation.
If there is a Protection Order in place, then we will normally conduct the mediation via shuttle so that the participants do not speak directly to each other. And there can be no accusations of misconduct by either participant.
A wills dispute can arise due to a variety of issues. The most common is that the deceased person did not have the mental capacity (or was subject to undue influence) when they executed the will. In other cases, there may be a disagreement over what the instructions in the will actually intended—or an allegation that someone else interfered with its creation. Additionally, allegations of forgery or that the will was tampered with can also lead to a dispute.
In some cases, there may be issues over who is entitled to receive assets after the death of the deceased person. Finally, probate disputes can arise when beneficiaries are not sure what their rights and obligations are under a will or estate plan.
If you are seeking mediation in relation to a will or estate, contact National Online Mediation Service for professional guidance.
