In this episode, Mark Keeley, Partner and Joint National Head of Private Client Services at Freeths, and Miranda Allardice, barrister and mediator, share practical insights on preparing for and getting the most from mediation in contentious trusts and probate disputes. Drawing on their extensive experience, they explore effective mediation strategies, the roles of mediators and barristers, the importance of position statements and bundles, crafting offers, costs and outcomes, and why negotiations can remain valuable even when a dispute doesn’t settle on the day.
Mediating Contentious Trusts and Probate Disputes: preparation, strategy and what makes a good mediation
In this episode, we are joined by Mark Keeley, Partner and Joint National Head of Private Client Services at Freeths, and Miranda Allardice of Miranda Allardice Mediation, to explore how to prepare for, and get the most from, mediation in contentious trusts and probate disputes.
Mark has over 25 years' experience in contentious trust and probate disputes. He qualified as a commercial mediator in 2010 and has conducted over 500 mediations.
Miranda is a barrister and mediator specialising in succession disputes. She qualified as a mediator in 2005, was a member of 5 Stone Buildings from 2012 to 2024 and now runs her own mediation practice - Miranda Allardice Mediation. She is a Fellow of the Civil Mediation Council.
The discussion covers what a good mediation looks like and the roles of those involved and the role of barristers on either side. We also consider why it helps to have amediator who knows the law, the importance of position statements and bundles, how to craft offers and the likely costs and outcomes.
Offering insights from both the mediator's chair and the practitioner's side, this episode is valuable for solicitors, barristers, executors, beneficiaries and anyone involved in contentious probate litigation.
Mark and Miranda conclude with practical tips on preparation, what can set parties back on the day, and why it is worth continuing negotiations where appropriate where a case does not settle, as many issues may be narrowed.
Mark Keeley | Private Litigation | Partner | Nottingham | Freeths