Estate disputes may arise following the death of a loved one, commonly referred to as the descendant, or during an estate planning process. Misinterpretations around the descendent’s wishes may cause ill-feeling and disagreement – or someone may believe they’re entitled to something other than that outlined in a Will or estate plan.

We will guide you through every step of the process, from initial intake to compilation of any agreement made.

Estate Mediation may assist in the following areas:

• Property/Estate distribution
• Discussing a claim against an estate with relevant parties
• Contesting or challenging a Will – incorporating Capacity of the descendent and or undue influence
• Validity of a Will
• The choice of Executor or how they are managing the Estate

NB: The above list is not all-inclusive…if you’re wondering whether your matter is appropriate for mediation simply talk to our friendly staff about your specific needs.

IMPORTANT NOTE:  Northern Frontiers Estate mediation does not provide legal or financial advice.  We actively encourage participants to seek legal advice prior to a joint session, and it is your individual choice as to whether you raise this advice during session.

What if I just need to advise my loved ones of a difficult decision I have made? Is that still mediation?

You may have heard the term ‘facilitated discussion’ used simultaneously with ‘mediation’…but there are distinct differences. Put simply, mediation is a process that occurs to resolve a dispute.  It typically calls for disputants to make proposals and negotiate towards a mutually agreeable resolution.

A facilitated conversation is applicable to situations where parties are not necessarily in dispute, but there is the likelihood that they hold different viewpoints. The objective is more about trying to reach mutual understanding of an event that has occurred or is likely to occur. However, in certain circumstances it is simply a matter of having an independent third party assist you in advising family and friends of a decision you have made. Facilitated discussion uses the principles of mediation to bring people together for the purpose of sharing information and dealing with difficult situations constructively. It provides a forum for uninterrupted speaking time and opportunities for parties to gain clarity around the issue/s and share how they are being impacted.

Facilitated conversations may be applicable in the following circumstances:

• Medical treatment
• Personal care arrangements
• Accommodation needs
• Palliative Care options/decisions
• End-of-life choices

Is my matter suitable for Estate Mediation?

Northern Frontiers Estate Mediation can assist with a structured, independent and afford mediation process.  Certain circumstances that may involve domestic violence, or acrimonious relations between parties, can still be suitable for an Estate Mediation process, however, different arrangements may apply.  Once the matter has been assessed as appropriate to proceed by the Mediator, options such as phone or videochat (Zoom, MS Teams, Skype) without or without direct voice contact between parties, may be utilised.  Parties can specifically request no face-to-face sessions, or no direct voice contact sessions as well.

Please discuss any concerns you have with the Client Services team, or with your Mediator during the individual Intake & Assessment session.  Please note:  The Mediator is the final decision maker in the format of mediation, and clients’ safety and comfort of all participants is paramount.

What happens if the other party does not join the mediation process?

Firstly, if the other party refuses to join the mediation process a letter indicating that mediation was attempted can sometimes be requested (fee applies).  This may indicate that you have started the mediation process (by doing your Intake & Assessment session) but for whatever reason the other party has not joined, and the process cannot continue.  If this does occur, you can still meet with one of our Mediators and generate an Estate Proposal that can either be presented by yourself to the other party for their review, or used as a basis for any court/legal applications.

Who can start mediation?

Anyone can commence, or initiate, an Estate Mediation process.  Clients can advise the other party that they will, or would like to, commence an Estate Mediation process, or you can rely on Northern Frontiers Mediation to do this as part of our formal process.  Some clients believe it will achieve a better result if they advise the other party of the mediation process, whereas others prefer to limit direct contact with the other party and ask Northern Frontiers Mediation to assist.  Please discuss your preferences, and specific situation, with our Client Services team.

Is Estate Mediation expensive?

Northern Frontiers Estate Mediation provides an inexpensive way of resolving many disputes.  As a private mediation service provider, we offer streamlined processes – and that means personalised, prompt, affordable service for you. Pricing is set at less than half the hourly rate of most legal and financial advisor fees. The more agreement reached through mediation, the less time and money you may need to spend on any legal fees and court costs.  For a full breakdown of our mediation costs click here to review our Estate Mediation brochure.