Mediation is being utilized more frequently as a dispute resolution process in controversies regarding Wills, Trusts, Trustees, estate management and elder care. A successful mediation in these cases cannot only cut the cost of litigation, it can preserve family relationships and assets.
The ultimate goal of mediation is to reach a mutually satisfactory agreement resolving all or part of the underlying dispute by carefully exploring not only the relevant facts and legal positions, but also the parties’ underlying interests, needs and priorities.
Mediation is a flexible, non-binding, confidential process in which a neutral mediator facilitates settlement negotiations. The mediator has no power to force a settlement or coerce the parties into accepting any proposed terms. The informal session typically begins with presentations of each side’s view of the dispute, through counsel or clients. The mediator, will meet with the parties in joint and separate sessions, in an effort to improve communication between the parties, and to help the parties clarify and communicate their needs and interests and understand those of their opponent. During this process the mediator will explore the strengths and weaknesses of each party’s legal position, identify areas of agreement and help generate options for a mutually agreeable resolution of the remaining areas in dispute.
Controversies between parties in the Estate Planning and Elder Law arena often result in irreparable relationships, unnecessary litigation expenses and attorney’s fees when not amicably resolved out of court. If you are looking for a qualified mediator to assist with resolution of your dispute, contact us today. We look forward to helping all of the parties involved reach a mutually satisfactory resolution.