A recent
#TuesdayThoughts concerned interesting discussions about mediation vs FDR in
#contestedprobate cases.
#unlockhorns
The comments from twitter and experienced lawyers are below. Mediation appears to still be the avenue of choice....
"In my experience the judge in an FDR can comment on which way he is swaying which can be a good or a bad thing depending on which side the judge swings towards. Obviously this effects the dynamic of the litigation going forward."
"From my experience, mediation every day of the week."
"FDR hearings are too short and judge rarely gets off the fence. Plus added tension of parties all having to be in same room, whether they like it or not!"
"Dealt with many matrimonial FDRs and to date one effective IPFDA FDR. Generally a fan of the procedure but it does not lend itself to all or nothing probate cases featuring heavily contested facts which judges cannot effectively evalutate on basis of submissions."
"We believe in self determination for parties in dispute and that it is best supported by the mediation process, rather than negotiation and settlement being decided by someone else in court."
