Irrespective of how advanced a trust or estate dispute has become, our Trusts and Estates Disputes team remains unwavering in the search for an out-of-court resolution.

We have substantial experience of preparing for and conducting ADR in all its forms, including:

Mediation: the most frequently used form of ADR in trust and estate disputes, in which a neutral third party facilitates negotiation between the parties. We have extensive experience of representing clients in mediations and preparing them for the process;
Arbitration: an increasingly popular method for resolving trust disputes in private, where the parties agree to be bound by the decision of an arbitrator. Arbitration is particularly attractive in trust disputes given the privacy it affords;
Round-table negotiations: structured without-prejudice discussions between the parties and their advisers, often an effective early intervention;
Expert determination: where an independent expert is appointed to resolve a specific factual or valuation dispute; and
Early neutral evaluation: where a neutral evaluator provides a non-binding assessment of the merits of the parties’ respective positions.

ADR, and mediation in particular, is especially appropriate in sensitive trust and estate disputes, where privacy is paramount and the risk of public disclosure through litigation is a significant concern. Our team recognises the importance of discretion and regularly represents high-profile individuals, families and family offices who require these matters to be handled on a strictly confidential basis. The overwhelming majority of our clients wish to avoid the public airing of their private affairs, and we are experienced in protecting that confidentiality at every stage.