In the final instalment from Nicola K Smith, the estate dispute specialist explains why mediation is almost always better than litigation, and shares tips on how to encourage clients to talk before taking action.
When families fall out over a will or an estate, it’s tempting to think that the only solution is to ‘go to court’. But there’s another path one that avoids long delays, high legal costs, and emotional burnout. It’s called mediation, and it can be the turning point that saves both relationships and resources.
Litigation has its place, but it’s not the starting point
Court proceedings in estate disputes are often:
- Slow – they can take months or even years.
- Expensive – with legal fees quickly mounting on both sides.
- Public – airing private family matters in court.
- Emotionally draining – fuelling resentment that may last for generations.
Many families wish they’d explored alternatives sooner.
What is mediation and how does it work?
Mediation is a confidential, structured conversation led by a neutral third party. It allows families and executors to:
- Explain their side of the story.
- Explore options in a safe environment.
- Reach a legally binding agreement if successful.
No judge, no courtroom. Just guided negotiation.
When mediation works best
Mediation is especially helpful when:
- Emotions are running high but legal issues are still fixable.
- Executors are stuck in deadlock.
- There’s a dispute about the distribution of assets or conduct of a Will.
- Parties want to preserve relationships (especially in blended families).
Even where court proceedings have started, mediation can still resolve the issue – often in a single day.
What clients need emotionally
Mediation gives space for:
- Being heard – people often want validation, not just a win.
- Control – they shape the outcome, not a judge.
- Closure – faster and less bruising than full litigation.
A skilled mediator understands both the legal and emotional layers of a dispute.
Why practitioners should push for mediation early
For lawyers, early mediation shows:
- Strategic thinking.
- Cost-awareness.
- A commitment to solving the problem, not escalating it.
Encouraging mediation also aligns with your professional duty to act in your client’s best interests which includes exploring proportionate and alternative options.
Final thoughts
Mediation isn’t just a softer option – it’s a strategic one. As practitioners, encouraging early mediation can save estates, protect relationships, and demonstrate proactive, cost-conscious advice to clients. I regularly work alongside solicitors, advisers and professional executors to spot disputes early and guide families toward resolution before litigation becomes the only route.
About the author
Nicola K Smith is a senior associate in the specialist Contentious Trusts, Probate and Court of Protection team at Forbes Solicitors, based in Manchester. With over 12 years of litigation experience, she now focuses exclusively on disputes involving the administration of estates, trusts and the affairs of vulnerable individuals.
