Numerous types of legal conflicts can be resolved through mediation. Regardless of the specific issue, a neutral third party can help parties re-evaluate their positions and guide them toward a creative, mutually acceptable settlement. While nearly every potential litigant seeks to avoid the time and expense of a trial, matters involving certain legal practice areas are particularly well-suited to this method of alternative dispute resolution.

For example, disagreements over the disposition of a decedent’s estate are often emotionally charged and costly, and going to court can make things worse. Specific aspects of probate disputes that should make parties consider mediation seriously include the following:

• Familial relationships — In many litigation matters, everyone goes their separate ways once the case is completed. However, parties in probate disputes are usually family members or close associates of the decedent. A drawn-out adversarial court proceeding could threaten personal relationships permanently. On the other hand, a skillful mediator can ease emotional tensions and get everyone focused on achieving a result that everyone can live with. 

• Preservation of estate assets — Litigation is expensive. Attorney fees, expert witnesses, court costs and extended administration can quickly erode the estate’s value and diminish what ultimately passes to beneficiaries. Depending on how long probate litigation takes, even a favorable outcome might not be worth it. Mediation can be scheduled more quickly than a trial, and does not involve discovery or motion practice, preserving assets for the people the decedent intended to benefit.

• Timely resolutions — Each estate-related disagreement is unique, but executors and potential beneficiaries always want to finalize probate as soon as they can. Court proceedings can take months or years, prolonging uncertainty and stress for parties who want to complete an appropriate distribution and move on with their lives. Conversely, mediation compresses the timeline in pursuit of a settlement that helps families close a difficult chapter sooner.

Whether your particular situation relates to a potential inadvertent will omission, a question regarding undue influence, an allegation of estate mismanagement or something else, you should seriously consider mediation. This process allows you to negotiate in private under the guidance of a knowledgeable mediator committed to achieving consensus among the parties. 

Quinn & Kronlund LLP provides professional mediation services for probate disputes and other types of conflicts. Feel free to contact our California mediators online, or call 209-943-3950 to learn more about our work. Our office is in Stockton.