We recently hosted a mediation masterclass at the ILM Annual Conference 2026. The session drew on legal and in-house charity perspectives to explore when mediation is appropriate, and practical ways that legacy teams can manage mediation with confidence. We heard useful insights from guest speakers, Megan Paul (Cancer Research UK) and Kate Vowden (British Heart Foundation). The following practical tips capture the key takeaways from the discussion.
1. Be strategic about whether to mediate
- Mediation is not always the right answer. If a claim clearly lacks merit, charities should not feel pressured to mediate.
- Where a claim does have merit, settlement may be achieved more cost-effectively through pre-action correspondence rather than mediation.
- Mediation becomes particularly valuable where matters have stalled and correspondence is no longer moving parties toward resolution.
- Always conduct a robust cost-benefit analysis, factoring in legal spend, management time, and reputational risk.
2. Timing matters – and decisions can be revisited
- Saying “no” to mediation at one stage is not the same as saying “no” forever.
- Reassess previous decisions if circumstances change: mounting costs, new evidence, increased reputational risk, or a strategic desire to avoid litigation.
- Later, mediation can still be advantageous, even if costs have increased, as claims may be narrowed or weakened through prior correspondence.
3. Prepare thoroughly
- Know the file inside out, including all evidence (and weaknesses).
- Set clear internal parameters in advance: preferred outcomes, red lines, and walk away points.
- Ensure appropriate authority is delegated for the day, with decision makers and key contacts readily available.
- Plan practical logistics for a long day in advance: make arrangements for childcare or caring responsibilities, have refreshments and snacks available and minimise any avoidable distractions so you can remain focused throughout the day.
4. Avoid common preparation pitfalls
- Do not under prepare settlement documentation — having a draft agreement on file can save time and avoid momentum being lost.
- Consider all potential outcomes in advance, including how complex assets or entitlements would be divided.
5. Manage co-beneficiary dynamics carefully
- Co-beneficiaries add complexity, particularly where there is a mix of charitable and non-charitable beneficiaries with different motivations.
- Claimants may seek to “pick off” beneficiaries individually. Avoid this by agreeing a common strategy and objectives upfront.
- Maintain clear, consistent communication between charities to prevent a divide and conquer dynamic.
6. Use tactics thoughtfully on the day
- Consider putting a credible offer on the table early to frame negotiations.
- Stay focused on the key issues and your agreed strategy. Do not be drawn into unnecessary posturing.
- Be conscious of your body language and expressions. Try not to give anything away.
- Use lawyers-only meetings or breaks where helpful to cut through positions and assess reality.
- Explain offers and refusals; negotiation is more effective than simple horse-trading.
Key takeaway
Successful mediation in legacy disputes is less about compromise at all costs and more about clarity, preparation, timing and disciplined strategy.
If you have questions about any of the points raised above, please feel free to get in touch with our charity legacies team.
The material in this article is provided for guidance and general information only and is not intended to constitute legal or other professional advice upon which you should rely. In particular, the information should not be used as a substitute for a full and proper consultation with a suitably qualified professional. Please do contact the Bates Wells team if you require further advice.