Mediating Probate Disputes

December 30, 2020

Alternative dispute resolution (ADR) refers to legal remedies to settle disputes outside of court litigation. The most popular methods being mediation and arbitration. For probate disputes, there may be an option to settle the issues using mediation.

Mediation may not be appropriate in every probate dispute. Many cases allow the parties to discuss the issues and reach a mutual agreement which often helps heal family strife.

Typical kinds of probate disputes include conflict over decedent’s property and a fair method of distribution to rightful heirs, guardianship issues and disputes between a trustee and a trust’s beneficiaries.

Some benefits of mediation over litigation include confidentiality, peace of mind, cost effectiveness and the ability to be creative in discovering solutions. Mediation and subsequent agreements reached may be kept out of the public eye. This privacy feature makes it more appealing to those with cases involving sensitive issues, family disputes and public figures. A seasoned mediator can help provide all parties with peace of mind by allowing them to feel heard by the opposing party. Mediation often costs much less than litigation and it allows for some flexibility in creating agreements that may be outside of the typical scope of probate court.

That is not to say that mediation is easy. It can be difficult to deal with grieving family members. Sometimes initiating a delay in the process allows loved ones to work through grief and get to a better place of healing prior to attempting mediation.

Some of the following guidelines may help determine if mediation is right for your probate dispute:

- Will the parties need to maintain a future on-going relationship? If yes, like in the case of close family members, then mediation may be a better approach that litigation. Mediation may help rebuild and preserve family relationships.

- Are the parties in good mental health? In order for mediation to work, all the parties must be competent and in good mental health.

- Are the parties willing to participate? If even one party refuses to cooperate, you can first try a delay and see if that changes things, but at some point, you may have to realize that mediation will not work for your case.

- Is saving money a top priority? Resolving conflict through mediation is likely to cost much less than enduring an expensive court battle.

If you are dealing with an issue arising out of a probate case and need assistance in determining whether mediation is an option, contact the probate attorneys at Stouffer Legal in the Greater Baltimore area for a consultation.

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