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

Date: 23rd February 2018
Duration: 1 hour
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
Our presenter

John Armfield, Barrister, Second Floor Wentworth Chambers, Sydney

John specialises in estate litigation.  He regularly advising and appearing for plaintiffs and estates in relation to matters in the Equity Division of the Supreme Court of New South Wales, John has extensive experience also representing clients at mediations and informal settlement conferences.

He has also acted as a court-appointed mediator with respect to family provision claims.His practice has a strong emphasis on probate, family provision applications and will construction. He has also appeared in applications seeking a review of orders allowing commission to executors.

John regularly presents papers at legal conferences in relation to wills and succession law.


This webinar is suitable for succession lawyers - Australia wide and it has been designed to deliver the Professional Skills compulsory subject CPD unit for the CPD year ending 31st March 2018.

If you need assistance or have an enquiry, please do not hesitate to contact us, on (03) 9670 2055 or email:
Product Code: WB18FEB18
 Price:  $176.00 (Inclusive of GST)
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