Wills: Mediation
The question
To ask the Secretary of State for Justice, what plans he has to introduce mandatory mediation services in the case of contested wills.
Answered by Sarah Sackman
The Government recognises the value of mediation in helping parties to resolve disputes more swiftly, consensually and in a less adversarial manner. Where mediation is successful, all parties will be spared the time and stress of litigation.
The Civil Procedure Rules were amended to give judges power to order parties to undertake mediation where they deem it would be appropriate and beneficial. Whether, and how, parties engage with offers or requests for mediation can be considered by the courts when exercising its discretion with respect to costs.
The Government has no plans to introduce mandatory mediation for contested probate disputes.
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