The role of mediation in resolving legacy disputes
Legacy disputes and mediation: Trustees have a legal duty to act in the charity’s best interests. This includes managing resources responsibly when a legal dispute arises, and embracing all forms of alternative dispute resolution, particularly mediation.
Litigation is inherently risky, so it is particularly important that trustees consider and assess the economic prospects of success or failure, whether the intended response is proportionate, and the impact of the possible outcomes on the charity. Elsewhere on this website we have identified the benefits of retaining solicitors on a No Win, No Fee basis as a means of limiting and reducing risk. Another important risk reduction measure is embracing Alternative Dispute Resolution (ADR) and in particular, mediation.
Unless there are time constraints for bringing or responding to a legal action, the Charity Commission expects trustees to explore the possibility of resolving disputes through ADR.
We find mediation to be especially effective in finding solutions to inheritance disputes. It is not only cheaper than traditional litigation, but it is also a lot faster.
Mediation can be used prior to the commencement of court proceedings and any time after issue, right up to the date of trial, in fact.
Until recently, most mediations were in person. However, since the pandemic we have been pioneering the use of video platforms such as Teams and Zoom for virtual mediation. This has proved highly successful, and because there is no travelling involved, it enables further costs savings to be made.
We are proud of our track record of resolving inheritance disputes at mediation and you can read HERE all about our 96% mediation success rate in 2023.
We would be very happy to discuss how mediation can work for you and your charity. Call us free on 0333 888 0439, or email us [email protected]
