Probate, estate, trust, guardianship, and conservatorship disputes often involve complex legal issues and deep personal conflict. Litigation can quickly become expensive, time-consuming, and emotionally draining.
Mediation and other third-party neutral services provide a confidential, structured process to help parties resolve disputes efficiently and with greater control over the outcome. We work with attorneys, fiduciaries, heirs, beneficiaries, families, and other interested parties to develop practical and durable settlement solutions.
Many mediators are generalists. However, probate disputes involve unique legal issues and sensitive family dynamics. Our mediation services are informed by decades of experience handling complex probate, trust, estate, guardianship, and conservatorship matters.
Throughout our practice, we have represented clients in virtually every role involved in these disputes. This broad perspective provides a practical understanding of the legal issues, competing interests, and real-world challenges that arise. It allows us to help parties realistically evaluate their positions, identify practical paths toward resolution, and work toward informed, workable—and often creative—settlement solutions.
Mediation offers significant advantages in probate disputes, including:
Mediation is a confidential process in which a neutral third party facilitates discussion and settlement negotiations. The mediator does not decide the case but helps parties work toward a voluntary resolution.
Probate mediation often involves will and trust contests, fiduciary disputes, accountings and distribution disputes, personal property disputes, guardianship and conservatorship matters, vulnerable adult claims, and exploitation or undue influence allegations. We provide mediation and third-party neutral services in a wide range of probate disputes including:
Mediation can take place before litigation is filed, during litigation, or shortly before trial. Early mediation often reduces costs and helps preserve relationships.
Mediation can be an effective way to address conflicts before a lawsuit is filed. Many disputes arise during estate administration or when family members disagree regarding inheritance expectations, asset distribution, caregiving responsibilities, or planning for the care of an elderly or disabled individual.
Pre-litigation mediation provides a structured, confidential setting where parties can discuss concerns and explore solutions. This allows for a practical resolution without the significant cost and stress of formal court proceedings.
Parties are encouraged to consult with counsel and may have their attorneys participate in mediation, although parties may participate with or without counsel.
Most probate mediations are scheduled for a half day or a full day, depending on the complexity of the matter.
If the parties reach agreement, the terms are typically reduced to writing and signed during the session or shortly thereafter. This often includes the use of non-judicial settlement agreements to avoid further litigation.
Even when a case does not fully settle, mediation often narrows the issues and helps move the matter closer to resolution.
If an agreement is reached it is considered a binding contract between the parties. If a party alleges a breach of the settlement agreement, further mediation may resolve the dispute. The parties also have the right to seek judicial interpretation of the agreement.
To discuss whether mediation may be appropriate for your matter or to schedule a session, please contact our office.