Question 1

What is the role of a mediator in contentious probate cases?

Accepted Answer

The mediator acts as a neutral third party who facilitates communication between disputing parties, helping them explore options and reach mutually agreeable solutions without taking sides.

Question 2

How can effective communication strategies improve mediation outcomes?

Accepted Answer

Effective communication strategies can foster a more open dialogue, reduce misunderstandings, and create a more collaborative environment, which can enhance the likelihood of reaching a satisfactory resolution.

Question 3

What are some active listening techniques that can be used during mediation?

Accepted Answer

Active listening techniques include maintaining eye contact, summarising what has been said to confirm understanding, asking clarifying questions, and acknowledging emotions to show empathy and validate the speaker's feelings.

Question 4

How can mediators manage high-conflict personalities in probate disputes?

Accepted Answer

Mediators can manage high-conflict personalities by setting clear ground rules, maintaining control of the discussion, using private sessions (caucuses) to address issues discreetly, and employing techniques to de-escalate tensions.

Question 5

What should parties consider after mediation has concluded?

Accepted Answer

Parties should consider implementing the agreed solutions promptly, communicating openly about any issues that arise, and reflecting on the mediation process to understand what worked well and what could be improved for future interactions.