Mediation may be preferable to estate litigation in California

| Jun 28, 2018 | mediation | 0 comments

It is always difficult to lose a loved one. However, emotions become especially heightened when the deceased’s heirs disagree with regards to the distribution or handling of the deceased’s estate. Those in San Mateo who are facing the prospect of estate litigation may want to first consider trying mediation.

Although not right for every situation, through mediation, family members can air their concerns in a constructive manner that can lead to a resolution, rather than resentment. Mediation can also be less costly and time consuming than litigation.

Mediators may be able to dispel any conflicts. If there are underlying emotional issues, these can be addressed. Sometimes through mediation, conflicts can be dealt with in a proactive manner, or information can be disclosed that may prevent a conflict from happening.

If the relationship between the executor of one’s estate and the estate beneficiaries goes south, mediation can help both sides come to an agreement over the issues that divide them. Following that, it may be possible to develop a plan going forward that meets both the executor’s and the beneficiaries’ needs. Mediation promotes developing a solution rather than placing fault on one party or the other.

As this shows, mediation can be a useful alternative to estate litigation. It can help all involved work together in a proactive and civil manner. A mediator’s statements are not binding, but they can lead to a settlement that is acceptable to all. And, when each party to a dispute feels like they have a say in the final outcome of the dispute, they all may leave the table feeling satisfied with the resolution reached.