What happens at a mediation hearing for division of inherited property?

When you file for adjudication of division of inherited property, the first notice is usually not for an adjudication hearing but for a mediation hearing. This is because the Family Litigation Act requires these cases to go through mediation first. Many people picture standing before a judge in a courtroom and are taken aback to find themselves sitting across from a mediator in a small room. If you have a picture of it in advance, you can say what you need to say much more calmly on the day.

The scene in the mediation room

Mediation is a procedure in which a judge or mediator listens to both sides and looks for a point where agreement is possible. Since all heirs are parties, siblings often gather in one room, and depending on the atmosphere, the mediator may also hear each side separately. If voices are raised, the mediator puts the discussion back in order.

The mediator does not force a conclusion. Instead, they keep asking whether you could accept this or that. If you have no standard of your own at that point, you either give in to the atmosphere and agree, or end up rejecting every proposal.

Mediation often does not end in one session and continues over several hearings. It is common to recalculate the other side's proposal between hearings and respond at the next one.

When talk turns to your parents, emotions easily take over. Who was the more devoted child, or who caused hurt, may be the biggest issue in your heart, but in the mediation room what matters is how those circumstances translate into numbers. It is better to write down what you want to say in advance and say it briefly.

What you need to bring is numbers

• A list of the property and market value data for each item
• Registry records or remittance records of lifetime gifts received by other heirs
• If you are claiming a contribution (기여분), materials showing the period and cost of caring for the deceased
• Your own calculation reflecting special benefits and contributions
• The minimum you can accept and the reasons for it

To claim a contribution, you must file a separate request for determination of contribution together with the claim for division. If the court sets and notifies a filing period of at least 1 month, you must file within it, and if the period passes, the request may be dismissed (Article 113 of the Rules on Family Litigation). For a contribution argument to carry weight in mediation, this request needs to be filed first.

If an agreement is reached, and if not

If an agreement is reached, a mediation protocol is drawn up and it has the same effect as a judicial settlement (Article 59(2) of the Family Litigation Act). Registration and settlement payments follow exactly what the protocol says, so before signing, check carefully the description of the property, the payment dates and who bears the taxes. If you can't decide on the spot, you can ask for another hearing date.

If no agreement is reached, the court holds an examination hearing and then calculates each heir's specific share and issues an adjudication. Including mediation, this usually takes about a year, and longer if appraisals or financial inquiries take time. If you cannot attend on a given day, submit a written explanation with the case number and state your views in writing. If you submit no views at all, the matter may be settled mainly on the other siblings' arguments.