When it comes to resolving estate disputes, litigation is almost always guaranteed to be the most expensive and time-consuming method. No matter which side of the courtroom you’re on, taking a family dispute to court should be your last resort. Avoiding litigation is not only financially beneficial, but it will also save your family from the added stress and heartbreak that protracted litigation and trial will bring.
Prevention
Perhaps one of the best ways to deal with estate disputes is to take actions that can prevent them from occurring in the first place. Thorough estate planning is critical to ensure that your wishes are clearly understood by executors and beneficiaries. The less ambiguity in your plan, the less likely a dispute. It’s also important to keep your estate plan current. Review and revise as needed to reflect any changing circumstances or family relationships.
Alternative Dispute Resolution
Even if a dispute does arise, there is still an opportunity to avoid litigation or going to trial. The goal of alternative dispute resolution is for both parties to negotiate and come to a settlement. Common types of alternative dispute resolution include mediation, arbitration, and collaborative law.
Mediation
During mediation, a neutral, independent third party facilitates communication between the parties involved in the dispute. The mediator, often an attorney trained in mediation, assists with negotiations with the intention of helping both parties come to a mutually agreeable settlement. Mediation has many benefits, including the potential to salvage strained family relationships.
Arbitration
Less time-consuming and less expensive than traditional litigation, arbitration is a formal process in which attorneys and their clients present their case to an arbitrator or panel of arbitrators. Arbitrators are legal professionals, often trained lawyers, who decide the case without a judge or jury. The decision made by an arbitrator is usually binding and cannot be appealed.
Collaborative Law
Collaborative law requires that all parties involved, including lawyers and other legal professionals, contractually agree to resolve the dispute without litigation. All attorneys involved must be trained and certified in the civil collaborative process by the Collaborative Law Institute of Georgia. During this process, the parties agree to work together, share information and focus on resolving their dispute and agree on a mutual settlement.
If careful estate planning is not enough to avoid an estate dispute, many disputes can still benefit from some form of alternative dispute resolution, and possibly avoid the emotional and financial burdens of protracted litigation all together. The attorneys of Gaslowitz Frankel have years of experience and success in all forms of alternative dispute resolution. If you’re involved in an estate dispute, contact our attorneys for a consultation.
