Does Probate Mediation Help Me to Avoid Probate Court?
Our San Francisco Probate Litigation Lawyers Mediate Probate Disputes Outside of Court
Probate conflicts do not need to result in court battles and damaged relationships between family members. If you are dealing with a legal conflict involving another beneficiary, a fiduciary or anyone involved in the probate process, litigation in the probate court is not the only solution. In many cases, individuals can preserve relationships and reach compromises through alternative dispute resolution (ADR). Our probate lawyers often help people resolve their disputes through probate mediation.
What is Mediation for Probate Disputes?
Mediation allows two or more parties to work through a legal conflict outside of the courtroom. In mediation, parties can choose to have their own attorney present with them. A neutral mediator will navigate the dispute through negotiation. The mediator seeks to find points of agreement in a setting that is much less formal than a courtroom. Cases in mediation also are confidential to encourage candor. This allows both parties to discuss their grievances without the fear of their conflicts becoming public or having their discussions used against them in a court of law later.
Mediation allows individuals to lessen attorney fees, move the process quicker and can help to mend straining familial relationships. Often, probate mediation will allow the parties involved to reach compromises that benefit everyone. Individuals involved in disputes often find that mediators bring a fresh perspective to the issue. Furthermore, many find unique solutions to their problems that you could not obtain through litigation.
Can Mediation Resolve My Probate Issue?
For some, mediation can solve their problems in a much more favorable way than if the case went to probate court. If you are involved in a probate dispute and want to preserve relationships, potentially lessen legal costs and explore alternative resolutions to your conflict, probate mediation may be right for you.
Even if you believe the other party is not willing to cooperate or that there is no way to a amicably resolve the dispute, mediation often results in favorable negotiated settlements. Additionally, even if you cannot completely settle all disputes in mediation, it can narrow the disputed issues to make litigation more cost-effective. In most cases, there is no downside to attempting mediation before litigation.
Where Can I Find a Probate Mediator in Northern California?
Our probate litigation attorneys know that many people want to avoid probate court. We are prepared to work with clients in mediation. Our law firm provides mediation and probate litigation services for those in Oakland, San Francisco, Berkeley and other areas in Northern California. Please call our law office to find out how we can assist you.