San Diego Trust & Estate Mediation Attorney
Disputes over trust and estate matters can be difficult to resolve because of the close personal connections between parties. Litigation may be necessary in some cases, but trust and estate mediation is an alternative that some families may wish to seek first.
What Happens in Mediation?
In mediation, the parties involved in a dispute agree to informal negotiations through a third party (a mediator). The mediator attempts to find common ground and may offer an impartial assessment of the parties’ legal positions. These discussions are non-binding and if no agreement can be reached, then litigation remains an option.
The Advantages of Mediation
Mediation is more private, and less adversarial, than litigation. And for many families who are trying to preserve their relationships, mediation is preferable. Reaching a mutually acceptable resolution, rather than having to accept a judge’s order, can benefit both sides. Mediation is also generally more cost effective than litigation.
Understanding the Terminology
If you’re considering hiring a trust and estate mediation attorney to hopefully avoid going to court, here are some of the common terms to familiarize yourself with:
Mediators are trained professionals who practice impartiality (they do not favor one party over another).
An impasse is when a compromise is unable to be met. At this point, litigation may be necessary to resolve the dispute.
A mediator may use this tool to get both parties to take a more objective view of a dispute. The mediator will listen to both sides, then re-tell their understanding of the situation (reframing it in their own words). Reframing allows the parties to see the situation more objectively.
- Estate Planning
- Trust Administration
- Special Needs Trust
- Probate Litigation
- Trust Litigation
- Trust & Estate Mediation
- Real Property Tax Consultation
- Estate Tax Returns
- Agent Representation
When you need a San Diego estate planning attorney to help you put everything in order, Brierton, Jones & Jones, LLP is here for you.
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