The Mediation Of Trust Disputes

The traditional way of resolving trust disputes has been through litigation: trustees, beneficiaries and third parties in combination have "tooled up" with lawyers of various hues to battle through the dispute. Mediation now provides a possible alternative to litigation, but how suitable is it as a means of settling trust disputes?

There is much in the general nature of mediation that makes it suitable: mediation is a flexible process. Unlike the traditional litigation process which is bound by rules of court and conventions, mediation allows the parties choice: choice of the mediator, the venue, the date and timing and, to some extent, the detailed mechanism of the process. Each party can decide who should attend in their team and what issues they want to discuss.