Mediating probate and trust disputes—process challenges and tools: part 2

Abstract In Part 1, the author discussed ‘Preparation’, including the making of pre-mediation day Zoom/TEAMS calls and a checklist of issues for the mediator to run through at the start of the mediation day to ensure that each participant understands and is bound by the ‘ground rules’. In this part, the author discusses the challenges and tools available to a mediator during the mediation day to help create and manage an effective conversation between the participants. In addition, towards the end of the article, Mr Jacob J Meagher has contributed commentary on the Singapore Convention on Mediation (SCM), highlighting significant opportunities that may arise, depending upon how the SCM is enacted.