Strategies and Techniques for Inheritance Dispute Resolution
Passing on an inheritance can be a complex business, particularly where the benefactor chooses to divide an estate unequally between offspring, or where there are complicated family relationships to navigate.
A last will and testament lays out the wishes of the deceased and will usually be upheld by the courts, but there are various circumstances in which benefactors or potential benefactors can dispute the contents of a will. This can result in lengthy court battles which not only cause rifts within the family, but also eat into the finances and assets that the beneficiary was trying to protect.
In cases where a dispute does arise regarding inheritance following a death and the two parties involved cannot resolve it amicably, seeking professional advice can help ensure the matter gets resolved without resorting to a court battle. The PDF attachment explains in more detail the legality of a last will and testament.
Dr Edgar Paltzer provides dispute resolution services as part of his attorney-at-law practice based in Switzerland. Legal counsel will offer a number of possible alternative dispute resolution services to clients before matters reach the court room.
Facilitation and Mediation
The least formal type of alternative dispute resolution is facilitation. For this to work, both parties have to want to come to a resolution quickly and be prepared to compromise.
Facilitation involves engaging a neutral third-party to engage in all forms of contact on behalf of both parties, to help prevent emotions from muddying the waters. Each party lets the third-party know what their desired outcome is and through communication, a compromise is reached.
Mediation works on a similar basis but is slightly more formal, requiring both parties to communicate with a view to reaching a suitable compromise. Mediation can be face-to-face, facilitative, or evaluative, or the mediator may simply shuttle between the two parties.
Evaluative mediation may result in the mediator making a proposal and putting it to the parties. Mediators listen to both sides and try to assist each party in working out what their priorities are so they can reach a compromise that suits both sides.
The embedded short video looks at the types of circumstances where mediation could be the best form of dispute resolution.
Arbitration
Arbitration is different to facilitation and mediation in that the ultimate decision is taken away from the warring parties. Arbitration is similar to the court process, in that the parties give up their rights to make their own decisions and instead pass the responsibility to a neutral third party, who hears evidence from both sides before reaching a decision.
Arbitration can be binding, which means both parties have signed a waiver stating they will accept the final decision of the arbitrator, or non-binding, which leaves going to trial as an option if either party is unhappy with the decision.
Arbitration is generally less expensive than a court hearing and can be useful for disputes that require outside assistance to be resolved but where parties want to save the expense and time of a lengthy court hearing.
Anyone with the right knowledge and skills can become an arbitrator — the infographic attachment outlines some of the key skills required.
Legal Advice
Even when using the less formal methods of dispute resolution, it can be useful to get a professional legal perspective to ensure each side of the case is presented properly and with the best chance of success. Specialist solicitors have the knowledge and training to make sure their client’s interests are protected as best as possible throughout the dispute resolution process.
