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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

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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

 

Admitted to the Bar in 1983 and an accredited mediator with the NSW Bar Association, John is an expert in family provision and estate litigation. A regular legal conference speaker, he has been recognised in Doyle’s Guide in 2015, 2017 – 2020, 2022 and 2023 as a Pre-eminent Leading Wills and Estates Litigation Junior Barrister.

John is a highly sought-after speaker and has appeared at many continuing legal education conferences in relation to estate litigation including family provision law, testamentary capacity, informal wills, estoppel in estate litigation and the rights of beneficiaries to obtain information in relation to the administration of trusts.

He has successfully mediated many estate disputes and enjoys the challenge of assisting parties to arrive at a quick and cost-effective resolution of their disputes.

Second Floor Wentworth Chambers

 

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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