Estate Mediation & Facilitated Family Conversations

Estate Mediation – Frequently Asked Questions

What is Estate Mediation?

Estate Mediation is a dispute resolution process designed to assist people involved in a Will, inheritance or deceased-estate dispute to negotiate with the assistance of an independent and impartial Mediator.

The Mediator helps participants identify the issues, communicate their concerns, exchange proposals and explore whether an acceptable settlement can be reached.

The Mediator does not determine the legal merits of the dispute or impose an outcome.

What is a family provision claim?

Australian succession laws allow certain eligible people to seek further provision from a deceased estate in particular circumstances.

The eligibility requirements, factors considered and time limits differ between states and territories.

Estate Mediation can be used to negotiate disputes involving claims for further provision from an estate, but Northern Frontiers does not advise whether someone is eligible to make a claim or what they may be entitled to receive.

Independent legal advice should be obtained promptly.

Can mediation resolve a challenge to a Will?

Potentially, depending on the circumstances.

Disputes concerning a Will may involve allegations about testamentary capacity, undue influence, execution of the Will, interpretation of particular provisions or other legal questions.

The Mediator does not decide whether the Will is valid. Instead, mediation provides the parties with an opportunity to explore whether the dispute can be resolved by agreement rather than having every issue determined by a Court.

Can Estate Mediation help with executor disputes?

Yes. Estate Mediation may assist where beneficiaries, family members or co-executors disagree about the administration of an estate.

Issues may include communication, delays, sale or distribution of property, information about the estate, accounts, personal belongings or other practical aspects of administration.

Questions about whether an executor has complied with their legal duties, should be removed or should take a particular legal step require independent legal advice.

Who can start Estate Mediation?

A beneficiary, executor, administrator, family member or another person involved in an estate dispute can contact Northern Frontiers to enquire about commencing mediation.

Northern Frontiers can then discuss the proposed participants and, where appropriate, contact the other people involved and invite them to participate.

Participation in private mediation is voluntary unless a Court has separately ordered or referred parties to mediation.

Can a Court refer an estate dispute to mediation?

Yes. Courts regularly use mediation and other forms of alternative dispute resolution to assist parties to resolve civil disputes.

Estate disputes that have already entered Court proceedings may also be referred to mediation. If proceedings are already underway, the parties should discuss the timing and conduct of mediation with their lawyers.

Northern Frontiers can also conduct private mediation before Court proceedings are commenced where all relevant participants agree to take part.

What is the difference between Estate Mediation and a Facilitated Family Conversation?

Estate Mediation is appropriate where there is an identifiable dispute and participants are seeking to negotiate a resolution.

A Facilitated Family Conversation may be useful where there is not yet a dispute but a person or family needs assistance having a difficult or important conversation.

The objective may be mutual understanding, exchanging information, discussing future arrangements or communicating an important decision rather than negotiating a legal settlement.

What issues can be discussed in a Facilitated Family Conversation?

Depending on the circumstances, facilitated conversations may assist with discussions about:

• future estate planning intentions
• family succession planning
• family business succession
• gifting or distribution of significant personal items
• important family decisions that may affect future inheritance expectations
• care and accommodation planning
• medical, palliative or end-of-life preferences
• other sensitive matters a person wishes to discuss with family members.

Where the principal issues concern the ongoing care, autonomy or welfare of an older person, please also see our Elder Mediation service.

Is Estate Mediation confidential?

Northern Frontiers Estate Mediation is conducted privately and the terms applying to confidentiality are explained before mediation begins.

Mediation commonly allows parties to negotiate on a confidential and without-prejudice basis, subject to the terms of the mediation agreement and any applicable legal requirements.

Participants should obtain legal advice about the effect of confidentiality or without-prejudice privilege in their particular circumstances.

What if family violence, coercion or serious conflict is involved?

The existence of family conflict does not automatically mean mediation is appropriate or inappropriate.

Each proposed participant completes a separate Intake & Assessment process, during which the Mediator considers safety, coercion, significant power imbalances and each person's ability to negotiate freely and effectively.

Where appropriate, additional safeguards or shuttle/no-direct-contact arrangements may be considered.

If the Mediator determines that a fair and appropriate mediation process cannot be conducted, mediation will not proceed or may be discontinued.

What does the Northern Frontiers Estate Mediation process involve?

Step 1 – Initial enquiry
A participant contacts Northern Frontiers and provides basic information about the proposed Estate Mediation.

Step 2 – First Intake & Assessment
The initiating participant meets privately with the Mediator to explain the dispute, identify the relevant issues and discuss who else may need to participate.

Step 3 – Invite other participants
Where appropriate, Northern Frontiers contacts the other proposed participants and invites them to take part.

Step 4 – Separate Intake & Assessment sessions
Each participating person has an opportunity to speak privately with the Mediator. The Mediator considers suitability and the most appropriate format for the process.

Step 5 – Estate Mediation
Participants attend the mediation by telephone, video or another agreed format, identify the issues in dispute and explore settlement proposals with the assistance of the Mediator.

Step 6 – Record the outcome
Where agreement is reached, the outcome can be recorded in writing. Participants should obtain legal advice about how the settlement should be formally documented and implemented.

Is a mediated Estate Agreement legally binding?

That depends on how the agreement is documented and the circumstances of the dispute.

A Record of Agreement prepared by Northern Frontiers records what participants have agreed during mediation but should not automatically be assumed to resolve all legal rights or Court proceedings.

Where the dispute involves an estate, Will, Court proceeding or legal claim, the parties should have their lawyers advise on and prepare any formal settlement documents, deeds, consent orders or other documentation required to give legal effect to the settlement.

Is Estate Mediation expensive?

Estate Mediation can provide a more efficient opportunity to attempt settlement before legal costs, delay and family conflict increase further.

Northern Frontiers is a private, fee-for-service mediation provider offering prompt and personalised Estate Mediation Australia-wide.

View current pricing

How soon can I get started?

Intake & Assessment appointments are generally available within 2–3 business days of your initial enquiry.

If the matter is assessed as appropriate for mediation and the other relevant participants agree to participate, mediation can then be arranged once the required Intake & Assessment sessions have been completed and participants are available.

Appointments are available from 7.30am weekdays, with out-of-hours appointments available on a case-by-case basis.

Payment information

Unless otherwise agreed, participants are responsible for their own mediation costs.

Pre-payment is required for booked sessions. Cancellation and no-show conditions apply, so please review our Terms & Conditions of Service before making your booking.

Want to find out more?

If you are unsure whether Estate Mediation is suitable for your circumstances, you are welcome to contact Reception and confidentially discuss the process before making a booking.

There is no obligation to proceed.

Call: 1300 90 81 70
Text: 0419 531 269
Email: reception@northernfrontiers.com.au

You can also contact us online or use the online chat function on this website.