Mediation is an out-of-court process for resolving a legal dispute through a neutral third-party mediator.

Probate Mediation is an effective way of resolving estate disputes involving a Last Will and Testament, a disputed trust, issues with a power of attorney, and the distribution of an estate’s assets.

How does probate mediation work?

Probate mediation generally uses the “shuttle mediation” process.  With this process, each “side” of the lawsuit will be seated in separate rooms.  If the sides have lawyers, each lawyer will also be in the room.  The mediator will shuttle back and forth between the rooms.  The mediator’s role is to get the sides to agree somewhere in the middle.  In this way, there is no 100% winner or loser.  Experienced probate mediators suggest creative solutions to resolve disputes.  Mediation allows flexibility in the settlement options.

More about Texas probate mediation:

Probate mediation often involves settling a lawsuit involving a will contest, a trust dispute, a breach of fiduciary duty, guardianship disputes, and other estate litigation.

Probate mediation generally takes a half-day or an entire day.

The mediation can be scheduled to occur before the estate lawsuit is even filed, though most probate mediations usually occur midway through the lawsuit.

Mediation is effective at saving litigation costs. Many clients are interested in resolving cases quickly, and because litigation can take months or years, mediation is appealing because the case can be resolved more quickly.

With litigation, there is one winner and one loser in the case.  With mediation, the goal is to reach an agreement so there is no winner and no loser.  This differs from arbitration, where an arbitrator picks a winner and a loser.

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