Many people like to plan but the planning does not always work nor is it always done properly, leading to a dispute in either estate succession or business succession. The lack of planning or indeed poorly drafted planning can lead to all sorts of problems ultimately leading to a dispute, whether it be a
contested probate dispute or a
partnership dispute, emotions will be running high and a resolution will have to be implemented.
It is not uncommon for a business not to have a written partnership agreement or for a will to be drafted incorrectly or be incomplete, leading to a partnership being dissolved by the Partnership Act or to an intestate estate. The potential successors of a business or an estate can then become embroiled in costly and time consuming litigation to resolve the question - who is the successor? Who is going to ultimately benefit?
The legal position may be one thing but the parties may all know what will work in the circumstances of the business or the estate. Embarking on legal proceedings to be ultimately decided by a court may not be in anyone's interest and may leave everyone in a situation that nobody wanted, after having depleted the estate or the business from significant assets as a result of legal fees.
THE GENERAL SUCCESSION OF AN ESTATE OR A BUSINESS CAN LEAD TO CONFLICT BETWEEN THE POTENTIAL SUCCESSORS IF THE CORRECT PLANNING HAS NOT BEEN PUT IN PLACE.
Why is mediation a suitable form of dispute resolution?
Mediation allows parties to be heard, it allows parties to speak about and consider the emotional issues that may be driving these cases, its allows the parties to be creative and perhaps put right what has gone wrong by a simple lack of planning. They can look at the matter commercially and focus on creative solutions to allow everyone to move forward.
Mediation allows the parties the opportunity to discuss options and consider workable solutions all within a private and confidential space.
Mediation keeps costs down and saves on time, both of which are important to all parties.
MEDIATION CAN DEAL WITH ISSUES SWIFTLY AND EFFICIENTLY ALLOWING PARTIES TO MOVE FORWARD WITH THEIR LIVES.
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