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Recorded Webinars

Recorded Webinar: Mediation in Wills Disputes: When is a Deal not a Deal (Professional Skills)

Private mediation has become popular in all forms of litigation including disputes over wills and family provision matters. Mediation which is court ordered is usually easy enough to enforce. But what if a deal which has been brokered through private mediation falls over? This pre
PRESENTED BY John Armfield Barrister - Second Floor Wentworth Chambers , Sydney

Date/Time

About the Webinar

Private mediation has become popular in all forms of litigation including disputes over wills and family provision matters. Mediation which is court ordered is usually easy enough to enforce. But what if a deal which has been brokered through private mediation falls over? This presentation considers the risks and the related and preventive strategies:

  • The risks:
    • change of mind generally
    • undue influence and coercion in family disputes - can this vitiate settlement agreements?
    • mistake and misrepresentation
  • NSW only - unfair contracts legislation
  • Case review - Tomac v Papp, Dark v Dark, Di Marti, Angius v Salier, Boardman v Boardman, Jennings v Jennings
  • Risk mitigation:
    • agreements to agree generally - Masters and Cameron in the context of mediation
    • procedure when parties do the deal
    • processes the mediator should follow to minimize risk

Presented By

John Armfield
Barrister, Second Floor Wentworth Chambers Sydney, NSW

John is a Barrister practicing primarily in the area of estate and property litigation. John was admitted in 1983. He regularly appears and advises in respect of matters heard in the Equity Division of the Supreme Court with an emphasis on Probate, family provision applications, Will construction and vendor purchaser disputes.

John has also appeared in applications seeking a review of orders allowing commission to executors. He has represented clients at many mediations of these disputes and presented a number of papers at other conferences dealing with Wills and Succession law.

Who Should Attend?

This webinar is suitable for succession lawyers - Australia wide and it has been designed to deliver the Professional Skills compulsory subject unit for th

CPD Information

unit for the CPD year ending 31st March 2018.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

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