Mediation and Private Wealth Disputes

The dynamics in family, business and personal relationships can often lead to a dispute over a person's private wealth. Whether it be a family succession or business succession issue, a partnership or shareholder dispute or a contested probate or trusts and estates dispute, Concentus specialises in  private wealth litigation with an in depth understanding of the issues and emotions that drive these matters. 

Private Wealth litigation encompasses many claims such as contested probate, trusts, estatescourt of protection disputes, mental incapacity, professional negligence, partnership and shareholder disputes, constructive trust claims, business and family succession issues, claims over farming partnerships and agricultural land, the list goes on. These cases are fraught with personal and emotional aspects with which a court may not be concerned. It is those emotional aspects which can drive litigation, increasing legal costs and ultimately depleting the wealth over which the dispute has arisen. 

Usually the parties are well known to each other, if not family members and with this comes significant emotion, principle and the need to be heard. Litigation is not designed to deal with these issues. Given the dynamics and the politics associated with these disputes, the costs are significant and the court may impose a solution that no body wants in the long run. Concentus specialises in all aspects of litigation affecting private wealth. 

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 drive these cases and then consider the commercial reality of sorting the matter out. These cases can become extremely hostile and expensive very quickly and litigation only seeks to increase hostility.

Mediation allows the parties to embark upon the requisite emotional journey as well as dealing with the issues and focusing on a workable outcome. Parties can look at creative solutions to deal with all issues between them allowing everyone to move on

Samantha Lowe has been a solicitor specialising in these cases for over 12 years. I am ACTAPS qualified and have settled many cases at mediation as well as ran many of these cases to trial. Samantha Lowe now mediated dozens of these cases and understands the emotional aspects as well as the commercial aspects of the disputes. She helps the parties move forward, cuts through the issues and allows perspective and focus on what matters which is resolving the dispute and moving on.

Sam has been described as making parties feel “instantly at ease”in what is a very stressful situation, her “guidance is firm but friendly”and she “understands the complexities involved in bridging seemingly unbridgeable gaps”. “In the most emotional of circumstances, Sam was able to navigate a smooth path to an amicable resolution keeping all parties on board.”

She has been described as “marvellous in her sensitive approach to clients, the dispute itself and its resolution.”
INSIGHTS & NEWS
Jul 28th, 2023
Jumping Into The Unknown

Jumping into the unknown : Samantha Lowe of Concentus talks about her journey into...

Read
Jul 08th, 2020
Refusal To Mediate - The Consequences.

Here is a round up of case law where refusal to mediate or engage in ADR has been punished...

Read
LATEST TWEETS