Daniel Soar - Mediation

Daniel has been an accredited mediator for 7 years, having completed the Civil and Commercial Mediation Course with ADR Group in 2016. He is a firm advocate of mediation and has witnessed time and again how it can enable parties to reach a resolution that they can live with, avoiding the long and costly road to trial.

Daniel was attentive, very bright and seemed to quickly establish a good feel for the personalities and commercial realities involved in the dispute.  Both parties exceeded their ‘red lines’ to reach a pragmatic settlement avoiding costly and fractious litigation.”

Whilst his skills as a mediator are transferrable to most disputes, Daniel is especially suited to mediating disputes concerning his core practice areas: probate and property.

Daniel doesn’t have as many grey hairs as some mediators in the market, but his calm, unassuming personality puts clients at ease, giving opportunities for him to robustly challenge expectations in a safe and confidential environment. Moreover, he provides a particularly cost-effective option for disputes involving more modest estates/property.

Recent mediations

• Daniel recently acted as mediator in a claim involving a challenge to the validity of a will and for provision under the Inheritance (Provision for Family and Dependants) Act 1975. It was a difficult family dispute over an estate worth circa £400k, but Daniel successfully facilitated a settlement which both parties were happy with.

Probate

Daniel’s experience in acting for both sides in disputes under the Inheritance (Provision for Family and Dependents) Act 1975 makes him well placed to understand the particular challenges faced by claimants and defendants to such claims. This enables him to help the parties consider realistic outcomes. Daniel is sensitive to the fact that many claimants can’t afford  expensive litigation and modest estates usually cannot accommodate the costs of such litigation. Accordingly, mediation is key to enable disputes to be settled at an early stage, preserving as much of the estate as possible.

Similarly, Daniel’s experience in disputes concerning challenges to the validity of wills makes him a prime candidate for mediating such disputes. He regularly deals with expert evidence on issues such as capacity and intention, which enables him to get up to speed quickly with the challenges of each individual case. Daniel understands that contentious probate claims are often fraught with risk for both sides, having considerable cost consequences for the loser and sometimes large windfalls for the winner. The combination of high risk and high rewards makes this area of law particularly suited to mediation, so that the parties can find a solution which provides certainty and prevents the escalation of costs.

Property

Daniel has litigated many neighbour disputes, whether in relation to boundaries, rights of way, or restrictive covenants. He is well aware of the damaging and costly impact of a neighbour dispute, in terms of finances, time and relationships (and usually all three). Mediation presents an opportunity for neighbours to save time, money and relationships by reaching a settlement which both parties can live with, before excessive and disproportionate costs are incurred and the relationship is irreversibly damaged. It also means the parties can avoid the difficulties involved in selling a property which is subject to a neighbour dispute, allowing them to move on if so desired.

Moreover, another advantage over litigation is that creative solutions can be found which would not be possible for a court to order. For example, boundaries can be re-drawn, rights of way re-directed, covenants re-defined. Daniel’s approach is calm, understanding and firm. This gives the parties a safe space in which to make concessions and to find a middle ground.

Co-ownership and property-related inheritance disputes are also prime for mediation, whether that be a dispute between a co-habiting couple or concerning a family farm. Daniel’s experience with claims concerning constructive trusts and proprietary estoppel means that he is able to navigate these complex issues. Daniel is very familiar with analysing the available evidence (which is often extensive), and will firmly but politely  challenge the more vulnerable areas of each party’s case.

Using Daniel to mediate probate and property cases enables the parties to carry out a balanced cost-benefit analysis of their options and make calm and logical decisions.