Probate disputes can be costly, time-consuming and emotionally draining. When a loved one passes away, the last thing anyone wants is to be caught in a legal battle over their estate. Probate mediation is a potential solution, but is it a good idea?
What is probate mediation?
Probate mediation is a process where the parties involved in a probate dispute work with a neutral third-party mediator to resolve their issues outside of court. According to the American Bar Association, probate mediation requires a meeting with a professional mediator, often a probate judge or attorney, to try and resolve the case amicably. The mediator helps both parties communicate but will never make decisions or recommendations on the matter at hand.
How does the process work?
Here’s a step-by-step process of how probate mediation typically works:
- Initiation: The process begins when one party requests mediation. This can be done before or after filing a lawsuit.
- Selection of a mediator: Both parties must agree on a professional mediator to hopefully resolve their concern.
- Pre-mediation preparation: The mediator may request documents and information from both parties to understand the dispute better.
- Mediation session: During the session, the mediator facilitates discussions between the parties. Depending on the complexity of the case, this can take hours or even days.
- Negotiation: The mediator helps the parties negotiate and find common ground to reach a mutually acceptable agreement.
- Settlement agreement: If an agreement is reached, it is put in writing and signed by both parties. This agreement is legally binding.
- Post-mediation: If mediation is unsuccessful, the parties may proceed to court. However, the discussions during mediation remain confidential and cannot be used in court.
Probate mediation can be a less stressful and more cost-effective way to resolve disputes than traditional litigation. It allows the parties to control the outcome and preserve family relationships. However, if mediation doesn’t work, it might be worth considering talking to a lawyer to explore other legal options.