Refusing Mediation

[jaycee401]

Some of you may recall I am involved in a will dispute. After several attempts via our mutual solicitors to agree to a deal we are getting nowhere. The contester of the Will even refused an offer from us which he in the first place asked for!! Our solicitor has now remit the papers to Counsel to prepare for proceedings to remove the caveat and proceed with the due and proper administration of the estate. We have refused mediation as there is jus no compromise with this person. Offers have been back and forward for over a year now and there is just no pleasing this guy, so it will now be down to the judge. I just hope because we have refused mediation at a cost of £2k - £3k this will not go against us?

[Peter Pedant]

HI Jaycee

I would take the view mediation didnt work rather than you refused it.
Clearly you have tried.

Costs as you know are a Big Deal -
He will try to get costs out of the estate
and you presumably are thinking of applying for costts against him on the grounds of unreasonable behaviour....

first of all of course win the case !

good luck - yes I thought it was settled when he said he wanted a life tenancy....I think he will end up thinking he was stupid not to accept

[jaycee401]

Spot on Peter, do you think there is a good chance his costs could come out of the estate? All he seems to be doing is wasting time and money, nothing we try and agree with him is good enough, then we have to wait weeks for him to reply, from what my solicitor has said, I think even his solicitor is getting fed up with him!

[themas]

I don't know that it helps but what you describe has given me the impression the person may have mental health issues. If you think that might possibly be the case, perhaps your solicitors should be aware of it as his behaviour in Court might become somewhat unpredictable. Alternatively of course, he may just be b...y minded awkward & irrational.

In any case, assuming you win comprehensively you should certainly ask for him to pay the estate's costs.

I agree with PP, from what you've written before I would not see it as you refusing mediation - it has failed because of his unreasonable behaviour. I hope your solicitors will make that clear in the Court papers.

[Barmaid]

I think that if you have a legal team you should ask them.

YOu might also want to google "consequences of refusing mediation". There are lots of cases. A refusal can be reflected in costs.

In my experience, mediation can very often result it a settlement even between the most intransigent of litigants. A good mediator is worth his weight in gold.

Also you might want to ask questions about the recoverability of costs on a detailed assessment basis were you to win. You may well find 2k-3k is worth a punt given that recovery is normally no more than 65% (IF you are successful at trial).

I really think you need to ask your legal team some searching questions about this issue.

[jaycee401]

Many thanks for the replies. Thanks Barmaid I will do some research on refusing mediation.

[jaycee401]

After googling refusing mediation. We have decided if necessary we will agree to it. I also read that if at mediation he accepts a lower offer than we have offered and he rejected then he will be liable to cover our mediation costs?