33 Steps to Mediation

Whether you are Claiming or Defending... the scope of work is very similar except 'reversed'. The summary hereunder is not absolute. Sometimes we may do more work, other times less, depending upon the circumstances of each case. This general summary is designed to give you an idea of the process involved.

  1. Obtaining instructions and investigating claimant’s eligibility; 
  2. Search court probate register if required;
  3. Search death notices if required;
  4. Investigating various party’s health, financial position and financial need;
  5. Investigating the nature and value of the deceased estate;
  6. Collecting facts from my client and other witnesses (if required).
  7. Obtaining details about other parties or beneficiaries; 
  8. Conducting property and other searches if required;
  9. Seeking financial documents and other information from the claimant; 
  10. Reviewing and comparing previous court judgements in cases; 
  11. Attempting to negotiate a Successful Outcome with the opposition;
  12. If required, briefing a barrister or engaging an expert;
  13. Paying all disbursements if incurred, including any barrister’s fees or agents;
  14. Before commencing proceedings negotiations for a Successful Outcome;
  15. Collecting evidence from client and witnesses to commence proceedings; 
  16. Preparing affidavits of evidence of clients and witnesses;
  17. Collecting documentary evidence from client and witnesses; 
  18. Collating documentary evidence to be annexed to affidavits;
  19. Sending affidavit evidence to client or beneficiary for checking and signing;
  20. Commencing Court proceedings by application or summons;
  21. Filing notice of appearance/respondent/defence of claim;
  22. Filing in court the Plaintiff’s ‘Notice of Eligible Persons’;
  23. Filing in court Plaintiff or Defendant and witness affidavits;
  24. Filing in court my affidavit regarding costs of the proceedings;
  25. Issuing any required Subpoenas or Notices to Produce;
  26. Inspecting documents produced by the opposition;
  27. Inspecting documents produced by third parties;
  28. Assisting client comply with Notice to Produce;
  29. Briefing your Barrister:
  30. Attending Directions Hearings before Registrar or Judge of the Court;
  31. Briefing barrister for his/her preparation and attendance at mediation.
  32. Attending mediation with you and your barrister.
  33. Much more if the case does not settle at mediation and moves towards a hearing.

The circumstances that might make the process more complicated.

As you would know, every family and every case is different. Sometimes cases start out looking very straight forward but as time goes by things become more complicated. One of the most common complications arise when it becomes clear that a claimant is not providing full and frank disclosure of his or her financial position. This usually encourages the executor/defendant to instigate a series of subpoenas to be issued or notices to produce seeking details of the true position of the claimants financial affairs. This process can be extremely time consuming and therefore costly.

The other frequent complication arises when the executor/defendant is not providing full and frank details of the assets of the estate. That causes the claimant to issue subpoenas and notices to produce seeking the true value of the estate. Sometimes the executor/defendant has had the a power of an attorney or perhaps enduring power of attorney for many years prior to the death of the deceased. It is not uncommon for poor records to be kept by the attorney (now executor) yet these financial details can be extremely important in these cases. Trying to get answers can be very time consuming and costly.

Usually the cases that are straight forward and without too much drama involved are the ones where the solicitors on each side are experienced in this law and realise the implications of failure to disclose and convince their clients of the danger of not freely disclosing all relevant information. In the case of claimants not fully disclosing, the penalty can be harsh including reduced provision out of the estate  or no order for provision at all. In the case of executors/defendants acting badly he or she can be penalised by way of costs orders against them. 

doyles Law Society of NSW STEP Law Society of New South Wales Queensland Law Society Law Institute Victoria

Testimonials

Exceptional skills of compassion and understanding.

Kindness and listening skills.

Simple but good advice.

Professional and people are lucky to call you “mate”.

I will always remember and hold you in great esteem.

A wonderful negotiator.

A good bloke with a good heart.

Thank you for always keeping to your word.

Help was wonderful and restored my faith in people.

I consider myself blessed I was able to receive your help.

I have been repeatedly impressed with your professionalism.

Consideration and efficiency.

Grateful for your honesty.

Thank you for your free professional advice.

Explained the facts concisely without any complications.

Would highly recommend you to anyone.

Sure to recommend you to my friends and colleagues.

Glad I had you on my side at mediation.

Will thoroughly recommend you to anyone.

Very sensible but protective at mediation.

So impressed with your return phone calls to me.

So impressed by you trying to protect me.

Advice invaluable and straightforward.

Professional but at the same time caring.

Always took the time to have an in-depth discussion.

Would not hesitate to recommend you to anyone.

Have no hesitation in highly recommending you to anyone.

Explained legal costs very clearly.

Genuine highly skilled Lawyer.

No complicated legal jargon.

You were right from the beginning Eric.

Available day, night and weekends.

No words to express my thanks and deep gratitude.

Compassion and long and hard devoted hours.

Immediate response to my phone calls and emails.

Personal and professional manner.

Explained things in a language that I could understand.

Free help and would recommend you to anybody.

Discreet manner handling a difficult situation.

Free initial advice delivered the same day as my enquiry.

Plain English answers and no complicated legal jargon.

Setting out easy to read information on legal fee costs.

Regular updates.

I have full faith in your integrity.

Answered my questions quickly and thoroughly.

Very grateful I had someone like you representing me.

Explained things so clearly.

Patience and understanding.

The first thing that struck me was how approachable you are.

Advice in plain English and knowledgeable.

Professional, genuine and honest.

Mum still talks about how wonderful you were.

Outstanding professionalism.

Availability was outstanding.

Perseverance and especially your patience.

I appreciate your integrity.

Never failed to be transparent and brutally honest.

Kept to your word on legal costs.

Answered to phone every time I called.

Explained it to me so clearly.

We are always available for a free no obligation discussion
1800 960 156

Sydney

Eric Butler, SolicitorEric Butler, Will Dispute Solicitor in NSW, Victoria & Queensland Level 13, 111 Elizabeth Street ,
Sydney NSW 2000
.

i 1800 960 156

Melbourne

Eric Butler, SolicitorEric Butler, Will Dispute Solicitor in NSW, Victoria & Queensland Level 11, 456 Lonsdale Street,
Melbourne VIC 3000
.

i 1800 960 156

Brisbane

Eric Butler, SolicitorEric Butler, Will Dispute Solicitor in NSW, Victoria & Queensland Level 10, 95 North Quay,
Brisbane Brisbane QLD 4000
.

i 1800 960 156

Newcastle

Eric Butler, SolicitorEric Butler, Will Dispute Solicitor in NSW, Victoria & Queensland Level 1, 45 Hunter Street,
Newcastle NSW 2300
.

i 1800 960 156