Can a court order probate mediation?
Yes. Since 1 October 2024, CPR 3.1 expressly permits the court to order parties to engage in alternative dispute resolution. A mediator still cannot impose a settlement: the parties decide whether to agree terms.
Probate Mediation: Process, Costs and Court Powers | ProbateHelp
How mediation works in will and probate disputes, when courts can order ADR, how to prepare, confidentiality limits, settlement and mediator costs.
This guide is part of ProbateHelp's Will Disputes guide cluster. Estimated reading time: 12 min.
Frequently asked questions
Does accepting mediation mean my case is weak?
No. Mediation is a way to test evidence, risk, cost and practical options. Strong and weak cases can both settle because litigation outcomes and costs remain uncertain.
Is everything said in mediation secret in every circumstance?
Do not assume an absolute rule. Communications are usually conducted on a without-prejudice and confidential basis, but the mediation agreement, privilege rules and recognised exceptions matter. Ask the mediator or solicitor how confidentiality applies before sharing sensitive material.
Can a mediator decide whether a will is valid?
No. The mediator facilitates negotiation and does not give a binding judgment. A settlement affecting the probate status of a will may still need an appropriate court order under CPR Part 57 and safeguards for affected beneficiaries.
Who pays for probate mediation?
The parties usually agree how to divide the mediator's fee and venue or platform costs, while each pays their own legal team unless they agree otherwise. The final allocation can form part of settlement. Obtain a written quotation and cancellation terms.
What if mediation does not settle the dispute?
The claim can continue. Mediation may still narrow issues or improve information exchange. Existing court deadlines remain in force unless the court changes them, so the parties must protect the litigation timetable.