Solicitors handling claims under the Inheritance (Provision for Family and Dependants) Act 1975 know that legal rights often collide with deeply entrenched emotions. These are disputes not just about money, but about memory, belonging, and perceived fairness. Mediation offers more than a procedural formality. It provides a practical, client-focused strategy that protects value and enables meaningful resolution.
The discretionary nature of the Act means outcomes are unpredictable. Courts must determine what is “reasonable financial provision” in each individual case, and judges frequently balance competing moral and legal claims. Even well-prepared claims can be undermined by subjective judicial interpretation. Leading cases such as Ilott v The Blue Cross [2017] UKSC 17 and Miles v Shearer [2021] EWHC 1000 (Ch) highlight how finely poised these judgments can be.
At the same time, family tensions run high. These claims often revisit unresolved grievances and long-standing interpersonal dynamics. Traditional litigation tends to entrench hostility, and escalating costs can significantly reduce the estate available for distribution.
Mediation creates space for practical, confidential conversations. Participants can explore creative solutions that the court cannot order, such as life interest trusts, staged payments, or recognition through apologies or memorial actions.
As a mediator experienced in inheritance disputes, I begin by working with advisers in advance to understand the family matrix, uncover sticking points, and ensure the mediation day is focused. I always offer to speak to the parties ahead of the mediation to help them understand how I can help them and to give some guidance for their preparations for the day.
For lawyers, mediation enables a reality-check on the strength of the case without placing vulnerable clients in the spotlight of cross-examination. For those defending estates, it offers a proportional way to resolve risk and manage personal liability.
Early mediation often reduces reputational risk—particularly when unusual testamentary provisions might invite media attention. It also avoids the estate being eroded by escalating legal costs.
Mediation does not preclude strong representation. On the contrary, it allows solicitors to test legal arguments in a structured environment and influence settlement terms before positions harden.
Timing matters. Too soon, and disclosure may be incomplete. Too late, and parties may be entrenched. In lower value estates costs can be a real barrier to settlement so early mediation is often key in those cases. The best moment may be after key documents have been exchanged. By then, the claim’s narrative is clear, yet options remain open.
I foster a business-like, calm environment where solicitors can do their best work and clients feel respected and listened to. Mediation can be transformative, but it is also pragmatic: a confidential, low-risk opportunity to preserve value and control outcome.
If you’re navigating a difficult 1975 Act claim and would value a sounding board or general chat, I’m always open to a confidential discussion. Mediation isn’t a soft option—it’s a strategic one.