Mediation is a well known tool amongst those familiar with disputes. It can be very effective in clearing a way to settlement, but it can also sometimes feel like a rather unsophisticated ‘cutting of the cake’, purely to avoid the costs risk of losing at court. There are more subtle alternatives, that might allow the parties to settle but within a framework that more clearly reflects the legal merits - for example, expert determination or early neutral evaluation.

Although most never reach a final hearing at court, the number of will-related disputes is growing year on year. Contesting a will is rarely straightforward: it is a complicated legal process requiring careful management and is often emotionally and financially draining. This article endeavours to explain the practical considerations of this type of litigation and how to minimise the attendant risks.

Entering business is usually a carefully planned undertaking, however, this may not always be true of a partnership. Where family members, often across different generations and over many decades, are involved in a farming operation, they may unwittingly create various partnerships. All partnerships – even those that are unconsciously entered into – have significant, immediate and longer-term legal consequences which often only to come to light in a moment of crisis, such as the death of a family member or a family fallout. To avoid protracted disputes and further breakdown of relationships, it is always advisable to ensure that partnership agreements and wills are consistent and correctly reflect the farm family’s intentions.

Alternative dispute resolution (ADR) offers other way to deal with a dispute than the Courts.

Mediation is a form of “alternative dispute resolution” (ADR) involving a third party neutral mediator seeking to resolve the dispute between parties on a face to face basis, normally lasting one day.

Contentious probate is the umbrella term for any dispute relating to a person's estate after their death.

Mediation is a form of alternative dispute resolution which is encouraged by the Courts as a way to assist parties in resolving their dispute.

We often see ‘without prejudice’ ("WP") on communications between parties in dispute. The suggestion seems to be that adding that banner to a letter might offer some magical protection down the line if the dispute is not resolved. It doesn’t, but a fuller explanation of the principle of without prejudice might be useful.

The Supreme Court has, in June 2020, given judgment on a landmark case which sets out the current state of the law relating to the availability or otherwise of adjudication as a means of dispute resolution when one of the parties is in insolvent liquidation.

Whether your claim is small or large, a professional negligence or breach of contract or share sale dispute or any other litigation claim going through the court system, disclosure of documentary evidence is going to be a key aspect of the dispute.