Can Mediation Be Used to Settle Estate Disputes?

 Posted on April 29,2023 in Probate Law

The passing of a loved one can be a difficult, emotional time for family members. In addition to dealing with the loss, surviving family members may also have to navigate the probate process and take the proper steps to divide the deceased’s estate. When family members disagree on how to divide assets, this can lead to lengthy and expensive legal battles. In such cases, mediation can be an effective way to settle disputes fairly and without the need for costly and lengthy court proceedings. By understanding how mediation works and its potential benefits, families can determine whether this option will be the best solution in their situation.

Understanding Mediation

During the mediation process, the mediator helps family members or other heirs and beneficiaries communicate and work toward a mutually acceptable agreement. The mediator does not make decisions but rather facilitates discussions and tries to help the parties understand each other’s perspectives. The goal is to come to a final agreement that will fully detail how all disputed issues will be resolved.

How Does Mediation Work in Estate Disputes?

Mediation typically involves a series of meetings with the mediator and the parties involved in the dispute. Before the mediation sessions, the mediator may gather information about the estate and the dispute. During mediation, the parties will have a chance to express their concerns and work toward a resolution. The mediator will help family members articulate their goals and concerns and identify areas where compromise is possible. As the discussions progress, the mediator will help develop solutions that will be acceptable to all parties. Since the mediator is neutral, they will not take sides, make decisions, or force any particular outcome. The final decision will be left up to the parties. If an agreement is reached, the mediator will help the parties draft a written agreement.

What Types of Estate Disputes Can Be Resolved Through Mediation?

Mediation can be used to settle almost any type of estate dispute. For example, family members may disagree over who should inherit a particular asset or about the value of different assets. They may also disagree about the validity of the will or the payment of a family member who cared for the deceased, or disputes may arise regarding the powers of the executor or personal representative of the deceased’s estate or the administration of the estate. Whatever the case, mediation can help the parties resolve their disputes effectively.

What Are the Benefits of Using Mediation for Estate Disputes?

There are several potential benefits of using mediation for estate disputes. Compared to traditional litigation, mediation is typically faster and less expensive. It can also help preserve relationships between family members, as parties are encouraged to work together towards a solution rather than taking an adversarial approach. Mediation is also private, as the details of the dispute are not made public. Because of this, it can provide a safe space for family members to express their concerns and viewpoints. By giving everyone a chance to speak and be heard, mediation can lead to more creative and mutually beneficial solutions than litigation would.

Limitations of Mediation in Estate Disputes

Mediation is not always effective in resolving estate disputes. Because the mediator cannot make decisions, both parties must be willing to negotiate and agree on a resolution. If one party is not willing to compromise or negotiate in good faith, mediation may not be successful. Additionally, some disputes may be too complex or emotional for mediation. In these cases, other alternative dispute resolution methods or traditional litigation may be more appropriate.

Contact Our San Antonio Estate Litigation Attorney

Mediation can be an effective way of resolving estate disputes without the need for costly and lengthy court proceedings. However, it is still a good idea to secure representation from an attorney during the mediation process. A lawyer can offer guidance on how probate laws apply to a case and how disputes may be resolved, and they can provide representation during litigation if an agreement cannot be reached through mediation. At The Law Office of Ryan C. Moe, PLLC, our San Antonio, TX probate litigation lawyer can advise you of your options and make sure you have the tools you need to protect your rights and interests. To discuss your concerns and get the legal help you need, contact us at 210-861-6000 and schedule a consultation.

Sources:

https://law.pepperdine.edu/dispute-resolution-law-journal/issues/volume-one/11-radford.pdf

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.154.htm

https://texaslawhelp.org/article/mediation-and-probate