Estate & Trust Litigation: Mediation

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Unfortunately, the death of a loved one is often followed by family turmoil, which results in estate and trust litigation. In avoiding the formality of court, many individuals who are looking for a simpler way to solve their problems will turn to mediation. Mediation involves discussing the conflict at hand with the neutral third person being the mediator. Unlike a judge, a mediator simply assists the conflicting parties in coming to a mutual agreement, rather than taking sides or making the final call.

Mediation is a great way to solve conflict over an estate or trust because there is no ruling factor involved. Your mediator will only guide you towards coming to an agreement, rather than stating who is wrong and who is right. If you are considering going through mediation as opposed to the formal court system, allow this description of the process to ease your worries and prepare you:

  • Step 1: The mediator will give an opening statement discussing the desired final outcome, goals, and rules, while encouraging each participating party to cooperate.
  • Step 2: Now, it is your time to shine. Both you and the conflicting party will describe your position in the matter and explain how this conflict affects you. Nobody is allowed to interrupt during this phase of the process.
  • Step 3: At this time, the mediator will likely welcome a joint discussion where each party can peacefully discuss ideas for addressing the problem at hand and come to a solution.
  • Step 4: Next, each party will have the chance to meet with the mediator in private. This phase is known as the private caucuses.
  • Step 5: After the private caucus is complete, the mediator will invite each party to perform a join negotiation.
  • Step 6: The conclusion of the mediation will either result in a written agreement that the parties have come to, or a discussion of the next option. Depending on how close you came to making a final agreement, the mediator will either advise you to have another mediation, go to arbitration, or go to court.

Contact Gaudy Law in Upland for all of your California legal needs. Whether you are in need of assistance through the probate process, creating a will or trust, or going over estate planning, we will provide you with the representation you deserve with one of our experienced probate attorneys in Upland.

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