Published
Pardeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2024, and a member of the Law Society of British Columbia.
Updated November 11, 2026: the Law and Equity Act (s. 68) and the Notice to Mediate (General) Regulation checked that day.
What it is: a private meeting where a neutral mediator helps the parties negotiate a settlement. The mediator can’t impose a result.
When: early, before positions harden, or after documents and discoveries, when everyone knows the strengths and weaknesses.
If the other side refuses: once a court action has started, any party can serve a notice to mediate.
The lawyers who handle these estate files
About our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and practises probate, estate litigation and immigration. He has represented clients in the Provincial and Supreme Courts of British Columbia, from chambers applications to contested trials.
Pardeep S. Grewal is a probate, estates and immigration lawyer known for clear communication and practical strategy.
Many estate disputes in BC, including wills variation claims, challenges to a will and executor disputes, settle without a trial, often at mediation. Mediation is a private, informal process in which a neutral mediator helps the parties negotiate. The mediator doesn’t decide who is right and can’t impose a result, but can help the family talk, test each side’s position and find solutions a court couldn’t order, such as one sibling keeping the house. It is usually done in one day, costs far less than a trial, and stays private. If one party won’t agree to mediate, another party can usually require it by serving a notice to mediate once a court action is under way.
Lawgical Law Corporation, a probate and estate litigation law firm with offices in Surrey, Abbotsford and Vancouver, BC, represents clients at estate mediations; this guide is by Pardeep S. Grewal.
Leave your details and our team will contact you to arrange a time with a lawyer. Or call (778) 598-3785.
Thank you, we have your request
A member of our team will contact you to arrange a time. If your matter is urgent, call us at (778) 598-3785, Monday to Friday, 9:00 am – 5:00 pm.
Why mediation suits estate disputes
- Privacy: courtrooms and judgments are public; a settlement isn’t.
- Control: the parties decide the outcome rather than risking a judge’s decision.
- Flexibility: family history and emotions can be heard, and creative terms agreed.
- Cost and time: most mediations finish in a day; a trial can take weeks of preparation and hearing.
- Finality: a signed settlement ends the dispute; there’s no appeal.
How it works
- Agree on a mediator. Lists are available from Mediate BC and the ADR Institute of BC.
- Exchange short mediation briefs setting out the issues, the estate’s value and settlement discussions so far.
- Sign a mediation agreement covering confidentiality and authority to settle.
- The mediation day: introductions, opening statements, then separate rooms while the mediator moves between parties. Virtual mediations are common, especially when family members live abroad.
- Settlement: if agreed, the terms are written up and signed. Court approval may be needed where minors or incapable adults are affected.
The executor’s role
In a wills variation case, the executor’s role is usually limited to giving information about the estate’s value, assets and debts, and confirming that a proposed settlement can be paid. In a challenge to the will itself, the executor is defending the will and takes a more active part.
If the other side won’t mediate
In a Supreme Court action, any party can serve a notice to mediate under the Law and Equity Act and the Notice to Mediate (General) Regulation. Unless the court orders otherwise, it can be served no earlier than 60 days after the first response to the notice of civil claim is filed, and no later than 120 days before trial. Only one mediation can be started this way per action. If the parties can’t agree on a mediator, one is appointed, and the mediation must generally take place within 60 days of the appointment.
Who pays?
In estate disputes, the parties often agree before the mediation that the mediator’s fees will be paid by the estate. Otherwise, fees are usually shared equally. Each side pays its own lawyer unless the settlement says otherwise.
Mistakes I have seen
- Going into mediation without knowing the estate’s value or the tax cost of a proposed transfer.
- Refusing to mediate on principle, then spending far more at trial.
- Leaving without written, signed terms.
Frequently asked questions
Is mediation mandatory in BC estate cases?
Not automatically, but once a Supreme Court action has started, any party can require mediation by serving a notice to mediate.
Do I need a lawyer at mediation?
You aren’t required to have one, but a lawyer can assess your risks and make sure the settlement terms are complete and enforceable.
What if mediation fails?
The case continues. What was said at mediation is generally confidential.
What should I do right now?
Gather the estate’s value, the will, and a short summary of what you want and what you could accept.
Book a consultation with our estate litigation lawyers in Surrey, Abbotsford or Vancouver. See also wills variation and contesting a will.
Ready to book? Open the booking form ↑
Related guides: how wills variation claims settle · what BC courts have awarded
Sources
- Law and Equity Act, R.S.B.C. 1996, c. 253, s. 68; Notice to Mediate (General) Regulation, B.C. Reg. 4/2001, ss. 4, 5, 24, BC Laws
- CLE BC, Estate Disputes in British Columbia: A Litigator’s Guide, chapter 5
This article is general information about BC law, not legal advice for your situation.