ADR Preparation Questionnaire

Should you consider mediation now, try a focused discussion, or take another step first? Answer these short questions for a practical recommendation, meeting agenda and invitation.

Step 1 of 3 • The Disagreement

Is a Different Approach Needed?

Your role:

The central disagreement:

What practical decision needs resolving?

One sentence is enough. Avoid names or sensitive details.

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Have attempts to resolve this through discussion stalled?

Would the necessary participants consider mediation?

Step 2 of 3 • Preparation Checks

Is There Enough to Hold a Useful Discussion?

Answer for the issue you want to resolve. Complete estate accounts or every possible document are not required for every discussion.

1. Figures are sufficiently reliable

Are relevant values, balances or debts sufficiently clear for this issue? Choose Yes if financial figures are not needed for this discussion.

2. Essential information is available

Has enough relevant supporting information been shared to explore options? Some missing records can be addressed through a preliminary discussion or mediation.

3. Decision authority is clear

Can the necessary people participate, with authority to agree this step or a clear route to obtain the required approvals?

4a. Deadlines have been checked and protected

Have relevant court, procedural and other deadlines been checked with appropriate advice? Discussion does not suspend a deadline.

4b. Immediate asset risks have been addressed

Have immediate asset or insurance concerns been checked and any necessary protective steps taken?

4c. Everyone can participate safely

Can everyone participate freely and safely, with any support or adjustments needed? Obtain appropriate help if there are concerns.

Protection and formal offers

Is Individual Advice Needed Before the Next Step?

Is there a concern about dishonesty, forged documents or assets being lost or disposed of improperly?

An allegation is not a finding of wrongdoing. Obtain advice on evidence, protective steps and safe arrangements. Preparing a discussion must not delay urgent assistance.

Has a formal settlement offer been received, including one referring to CPR Part 36 or costs consequences?

This tool does not assess an offer, calculate response periods or costs exposure, or establish whether an executor could be personally liable. Obtain individual advice before accepting, rejecting or allowing a relevant response period to pass. Discussions do not suspend deadlines.

Step 3 of 3 • Optional Context

Costs & Discussion Format

Estimated monthly estate holding outgoings (£):

Optional. Continuing cash outgoings are not necessarily losses caused by delay.

Preferred discussion format:

Before booking mediation, compare the quoted fees with the value and issues in dispute, continuing outgoings and other realistic options. This tool does not determine commercial proportionality or predict settlement.

Human Law • ADR Preparation Summary & Agenda

          SRA Regulated Solicitor #657838 • Client-Side Out-of-Court Resolution Plan
        

Recommendation & Next Step Ready

Your recommendation comes first, followed by its reasons, a next step, an agenda and an invitation. Changes to your answers update this report.

Fixed-Fee Mediation & Solicitor Advisory

Structured Non-Court Resolution Across England & Wales

If you require an accredited independent mediator or fixed-fee solicitor advice to resolve an estate deadlock without contested court proceedings, Human Law provides specialist out-of-court dispute resolution.

Direct Intake: advice@human-law.co.uk • SRA Regulated (#657838)