In contested wills cases (family provision cases) in each State mediation of cases is compulsory. However there is no provision for compulsory mediation in Will Challenge cases.

Sometimes cases can include both the element of contesting and challenging in the one process. In those cases there is more likely to be mediation to attempt to resolve the issues.

Whilst mediation is not compulsory in Will challenge cases nevertheless most lawyers and judges will urge the parties to attempt to resolve the issues by mediation before proceeding to a court hearing.

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