21st October, 2025
When a Will is contested in New South Wales, many people immediately think the dispute will end up in the Supreme Court. However, most Will disputes are actually resolvedthrough mediation or negotiation, without the need for a court hearing. In fact, before the court will even consider a Will dispute, claimants must attempt mediation.
Mediation is a structured negotiation involving the disputing parties, their lawyers, and a neutral mediator. The mediator helps guide the conversation and encourages a settlement without the adversarial nature of a courtroom. Below, we explain the mediation process for contesting a Will in NSW and why it can be the best option for many families.
What is Mediation in a Will Dispute?
Simply put, mediation is a meeting where both parties aim to reach an agreement with the help of a neutral third party — the mediator. The executor or administrator of the estate, the person contesting the Will, their legal representatives, and the mediator attend these sessions.
Unlike a court judge, the mediator cannot impose a decision. Instead, they facilitate discussions to help parties find common ground. Moreover, mediation is confidential and less formal than court, which means families can often experience less stress and conflict.
Why Mediate?
There are many benefits to mediation when contesting a Will. First, it is usually much less expensive than a court hearing. Court cases can drag on for months or even years, but mediation can resolve disputes much faster.
Furthermore, mediation provides access to a full list of estate assets. This transparency can help everyone understand what is at stake, making negotiations more informed and fairer.
Additionally, mediation is private, which means family matters stay out of the public eye. This confidentiality can protect relationships during difficult times. And because mediation focuses on agreement rather than winning or losing, it often results in less bitterness between parties.
The Mediation Process
Before mediation, the person contesting the Will files an affidavit explaining their claim. The estate’s representatives provide an inventory of assets. This documentation forms the basis of the discussion.
Next, the parties select a mediator – this can be a retired judge or an experienced lawyer. If they cannot agree, the court will appoint one. The mediator ensures all parties follow the agreed rules and encourages respectful and cooperative behaviour.
Mediation can take place in person or via video conference, providing flexibility for all involved. Usually, both parties and their lawyers attend. However, a party may send a representative with written authority to negotiate if necessary.
During the session, the mediator guides conversations, helps clarify issues, and encourages compromises. If a settlement is reached, the terms are written down, signed, and become legally binding.
What Happens If Mediation Fails?
If the parties cannot settle during mediation, the matter proceeds to court. However, even unsuccessful mediation often helps narrow down the disputed issues. This can make any subsequent court hearing shorter and less expensive.
How We Can Help
At Castrikum Adams Legal, we understand that contesting a Will is a sensitive and complex process. Our experienced team will guide you through mediation step-by-step.
If you need assistance contesting a Will through mediation in the Northern Rivers, including Lismore, Ballina, Byron Bay, Bangalow, Murwillumbah, or surrounding areas, we’re here to help. Contact us today for expert advice tailored to your situation.
If you found this blog helpful, please check out our other blogs on Estate Planning.
The content of this Blog does not constitute legal advice, is not intended to be a substitute for legal advice and should not be relied upon as such. You should seek legal advice or other professional advice in relation to any specific matters you or your organisation may have.