Probate & Estate Mediation

Probate Mediation is an Underused Process

Mediating Probate cases is a lot like mediating Family Law cases. The two sides usually know one another and have more than a passing, business relationship. There is a history to the dispute. There is emotion tied to the dispute. No one wants to feel like a loser. Everyone wants speedy resolution. No one wants the litigation fees to eat up the source of recovery. Everyone wants the opportunity to be heard.

Yet, there aren’t a lot of options for those seeking resolution of Probate disputes outside of the Courtroom. There are very few skilled professionals doing Probate Mediation.

Probate Attorneys and their clients should be encouraged to investigate settlement at every opportunity. In some instances, mediation should be considered prior to expensive discovery, and prior to a hand-off to a litigator. In other, more complex cases, post-discovery, pre-trial-setting mediation should be utilized to save the money, time, litigation expense, uncertainty, risk and emotional wear-and-tear that are factors in all matters going to trial.