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4 reasons mediation is good for estate disputes

On Behalf of | Jun 12, 2024 | Alternative Dispute Resolution

If you are having issues with how your family’s assets are being distributed after a loved one’s passing, mediation can be an effective solution.

Mediation is an alternative dispute resolution method that involves a neutral third party, known as a mediator, who facilitates communication between the people involved in the estate dispute. Some reasons why it might be better than traditional litigation include the following.

1. More pocket friendly

Mediation slashes the expenses linked with courtroom battles. Parties may share the cost of hiring a mediator, far less than legal fees and court expenses. It’s a quicker process, saving significant financial strain and preserving more assets for distribution.

2. Faster resolution

Estate issues may take time to go through the processes of traditional litigation, causing prolonged stress and uncertainty. In contrast, mediation offers a quicker path to resolution. With the guidance of a mediator, parties can engage in constructive dialogue and negotiation often reaching agreements in a timelier manner.

3. Reduces animosity

When relatives take each other to court in a dispute, it is usually the beginning of an adversarial and contentious process that can strain relationships irreparably. Mediation, however, promotes a more collaborative and cooperative approach to resolving conflicts. By providing a neutral and controlled environment for communication and negotiation, mediation helps to defuse tensions and reduce animosity between family members. Parties are encouraged to listen to each other’s perspectives, express their concerns and work together to find mutually acceptable solutions.

4. It is confidential

Since it involves only the parties and the mediator, mediation proceedings remain confidential. This confidentiality helps ensure that sensitive family matters and financial details discussed during the mediation process are not disclosed to the public. Unlike court proceedings, which are often open to the public and may involve testimony and evidence that becomes part of the public record, mediation offers a private and discreet forum for resolving disputes.

It is important to seek legal guidance to better understand what to expect during the mediation process.