Probate & Mediation

How the Court uses Mediation in Probate cases

Mediation has become an important step in the dispute resolution process in contested probate matters. Protracted litigation will be time-consuming and expensive. In the probate area, this type of litigation is also very emotional - typically because of a loved one has recently died or is not being appropriately cared for in the eyes of one or more of the litigants involved.

Mediation helps to resolve some of the stress and anxiety involved in these proceedings. Many of these cases are brought about by a simple lack of communication or perceived secrecy by one party. In many contested guardianship case, the family dynamics are the driving force. A mediator may be able to address family concerns, such a access to medical and financial information for the party who is not serving in the role of caretaker or guardian. Usually, these matters will resolve once access is established. Fostering continued access to the elderly ward or disabled party may also be important. Similar to family law disputes between parents, a mediator may be able to resolve visitation issues, by establishing time parameters for visits both in the caretaker's home or outside of it.

In will contests, the courts typically utilize mediation after some limited discovery has taken place. After receiving paper discovery and before depositions are taken, the attorneys and their clients have enough information available to them to discuss the merits of the case. Mediators with experience in probate matters are able to negotiate through the murky waters and structure some type of resolution that benefits all parties.

If you have a contested probate matter, you should contact an attorney who is skilled and experienced in this area. The lawyers at Hunziker, Jones, & Sweeney have the skills and experience to help you in these types of matters.

For more information, contact us at info@hjslawoffice.com