If opposing parties are liable to take a dispute to the Court in order to resolve a difference there is an Alternative Dispute Resolution method available in the form of Mediation.
This not only has a financial expediency it also allows creative solutions that might not be available to my Learned Judge.
If one side offers to mediate then the other should not reasonably refuse for fear of carrying all the costs. Circumstances of fraud might have to be determined by the Court. In Trust disputes it is essential to act prudently in the matter of costs to preserve the assets of the Fund.
Choice of Mediator and a sensible plan in the form of pre mediation meetings and exchange of information as well as managing expectations of all parties. Highly charged family disputes can still be resolved if every party comes away from the Mediation feeling that they have given away more than they wanted but at least they have drawn a line under the disputed events.