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Legal disputes can be detrimental to our health, our business, and our finances. For this reason, we adopt a no-fuss, pragmatic approach to ensure that your dispute can be resolved as efficiently and cost-effectively as possible. In addition, we value alternative dispute resolution processes as a way to resolve matters without resorting to costly court proceedings. However, we are strong advocates with a proven record for achieving successful outcomes for a range of litigious matters should you need to pursue your case in court.
Our Adelaide Estate Dispute Lawyers can assist with:
- Contract disputes
- Property and leasing disputes
- Building and construction matters
- Defamation and media cases
- Employment and workplace disputes
- Regulatory investigations and prosecutions
- Shareholder disputes
- Debt recovery, insolvency, and wind-up applications
Alternative Dispute Resolution
Not only is alternative dispute resolution now mandatory in many areas of the law, but it can also be a cost-effective way to resolve a dispute before the need to prepare evidence. Additionally, it allows for more creativity in the resolution process, as the outcome is not limited to orders that a court is able to make.
Alternative dispute resolution (ADR) includes a number of different processes — for example, informal negotiations and settlement conferences; mediations involving an independent mediator to test each party’s position; and more court-like processes, such as arbitration and conciliation. Collectively, all these measures fall under the ADR umbrella.
Therefore, choosing the appropriate process for your dispute may be the difference between resolving your matter at an early stage or ending up in protracted litigation.
If you do manage to settle your dispute, it is important to have a properly drafted deed of release, which you can rely upon in order to enforce the agreement and release you from further liability.
How does mediation work?
Mediation is a popular form of ADR that can provide a low-cost solution to a legal problem. Typically, mediation involves a neutral person (the mediator) meeting face to face with the parties to a dispute and assisting them to reach a resolution. Importantly, the meeting is confidential, and the mediator does not provide legal advice, nor does he or she determine the dispute.
Generally, mediation is best used when the parties are willing to negotiate in good faith and make genuine efforts to resolve the dispute. Even if the mediation does not provide a definitive outcome, it can still help identify and narrow down the issues in dispute.
In addition, mediation is suitable even for highly complex matters where reports by experts may also be used in the process.
If an agreement is reached, the parties can formalise their negotiations by entering into terms of settlement.
What are the benefits of mediation?
Litigation is expensive and can become protracted. However, in addition to the obvious cost and time savings, mediation has many other benefits, such as:
- The location, date and time for mediation is determined by agreement between the parties, as opposed to a court timetable. As a result, the dispute can potentially be resolved more quickly and at the parties’ convenience.
- Furthermore, the mediation setting is less formal than a court hearing with a lower threshold for evidentiary formalities.
- In addition, the parties can explore more creative solutions to resolve their dispute which might not be available through court orders.
- Finally, mediation offers an opportunity to preserve the parties’ relationship, particularly when they intend to continue working together. This is an important consideration in family law co-parenting matters as well as commercial arrangements where parties have ongoing contracts in place.
Contact our experienced Adelaide Estate Lawyers
Our experienced dispute resolution team will work closely with you so that you are aware of your options and properly prepared for your matter.
If you need assistance, please contact one of our lawyers at [email protected] or call 08 8155 5322 for expert legal advice.
FAQs
Who can contest a will in South Australia?
A spouse, domestic partner, former partner or child can make a family provision claim against an estate. Stepchildren, grandchildren, parents and siblings may also be able to claim where they can show genuine need. In every case the claimant has to show that the deceased failed to make adequate provision for their proper maintenance, education or advancement in life.
How long is there to make a claim against an estate?
A family provision claim must be made within six months of the date probate or letters of administration are granted. The Supreme Court can extend that time, but generally only while the estate is still undistributed. Estates are often distributed soon after probate, which is why this is one of the few areas of law where a few weeks of delay can end a claim outright.
What does a court consider when deciding a family provision claim?
A court weighs the size of the estate, the competing interests and needs of other beneficiaries or eligible claimants, and the nature of the relationship between the claimant and the deceased. A successful claim may result in the claimant receiving a share, or a greater share, than the will provided. There is no fixed formula, so outcomes turn heavily on the individual circumstances.
Does an estate dispute have to go to court?
No. Many family provision claims settle out of court through negotiation or mediation between the parties’ legal representatives. Alternative dispute resolution is now mandatory in many areas of law and is often a cost-effective way to resolve a matter before evidence has to be prepared. It also allows more creative outcomes than a court can order, and can preserve family relationships that a contested hearing would damage.
How does mediation work in an estate dispute?
Mediation involves a neutral person, the mediator, meeting with the parties and helping them work towards a resolution. The meeting is confidential, and the mediator does not give legal advice or decide the dispute. It works best where the parties negotiate in good faith, and even without a final outcome it usually narrows the issues. Any agreement is formalised in terms of settlement, with a deed of release making it enforceable.