Mediation in inheritance law

• Corporate, Company Law
• Inheritance Law
• Private Clients

In hardly any other area of law can disputes be as emotionally charged as in inheritance law. When it comes to the estate of a loved one, different ideas, feelings and expectations often clash. This often leads to serious family conflicts that not only strain relationships within the family, but can also result in lengthy and expensive legal proceedings. Mediation can be an alternative way of resolving such conflicts.

What is mediation in inheritance law?

Mediation is a voluntary, out-of-court procedure that aims to settle inheritance law disputes within the family by mutual agreement, for example. An all-party mediator supports the parties in openly discussing the concerns and interests of the parties involved and jointly developing solutions. The mediator does not make any decisions, but guides the process and promotes dialogue between the parties involved.

Why can mediation be useful in inheritance law?

Avoiding lengthy court proceedings:

Inheritance disputes in court can drag on for years, which is not only cost-intensive but also further disrupts family relationships. Mediation offers a quicker and often more cost-effective alternative.

Preserving family peace:

Inheritance disputes can cause deep rifts within a family. Mediation gives the parties the opportunity to talk about their feelings and expectations in a protected environment and to find solutions together that are acceptable to everyone. This can help to maintain family peace.

Individual solutions:

While court proceedings are based on legal aspects and leave little room for individual wishes, mediation offers the opportunity to find customised solutions that do justice to the family’s particular circumstances.

Confidentiality:

Mediation is confidential, which means that the content of the discussions and the agreements reached are not made public. This protects the privacy of those involved.

Procedure of an inheritance mediation

At the beginning, the mediator holds a discussion with the parties to understand the conflict and clarify their willingness to mediate. The framework conditions such as confidentiality and voluntary nature are also discussed here.

The next phase involves collecting and structuring the concerns and interests of all parties involved. It is worked out which points are of central importance to the parties.

Possible solutions are developed on the basis of the collected issues. The mediator helps to shift the focus from the parties’ positions to their underlying interests.

The parties jointly develop proposed solutions that meet the needs of all parties involved. The mediator ensures that the discussions are constructive and that all voices are heard.

At the end of the process, the solution found is set out in a written agreement. This can be legally binding if the parties so wish.

Legal status of mediation in inheritance law

In Switzerland, mediation is legally recognised in inheritance law, but is not mandatory. This means that the parties are free to decide whether they want to go down the mediation route. If mediation fails, they still have the option of going to court. It is also possible to initiate mediation during ongoing court proceedings in order to reach an amicable settlement.

Conclusion

Mediation in inheritance law offers a valuable alternative to traditional court proceedings. It enables the parties involved to resolve their inheritance law differences in a protected and respectful environment and to reach a fair and viable solution together. In this sense, it could be the key to a harmonious conclusion to an often sensitive chapter.