Disputes over wills, trusts and estates are legally complex, and can fracture relationships between family members quickly. Taking a case to court not only drags out the situation, but trials can be incredibly expensive, and even winning a case can cause you to spend more than you may receive from the trust or estate. One of the best ways to avoid a drawn out and painful court battle is to consider alternative dispute resolution (ADR).
ADR, primarily through mediation, has become an important part of dispute resolution. Mediation is a confidential, voluntary process where an independent mediator works with parties and their counsel to try to resolve claims outside of court. The mediator is generally a neutral party who understands the legal issues of a particular case. His job is to try to help the parties settle their claims, not to act as an advocate for either party.
The Advantages of Mediation
The advantages of mediation are numerous, and it’s something we highly encourage before going to trial. Above all else, mediation can be the best way to maintain your relationships with family members. Lawsuits are expensive and they can destroy family relationships quickly, and often irrevocably.
When money is involved, emotions tend to become more volatile, and the idea of “fair” varies wildly between parties. A mediator helps the parties see past their emotions. They can also offer rational, unbiased opinion of each party’s case and make creative suggestions for settlement. While trials often leave one or both parties angry, parties who resolve their claims in mediation have a much higher chance at maintaining their original relationships.
Mediation also offers a significant savings financially. Not only does the mediation process cost far less than preparing for and trying a case, but a successful mediation eliminates the chance that you will ultimately lose in court.
Refusal To Mediate
Although mediation is generally thought of as optional, many courts will order the parties to try mediation before a trial date is scheduled. Even where the parties are ordered to mediate, the process is confidential. The court is told only whether the case was resolved at mediation. If the mediation is not successful, the court will never know what discussions were had or what offers were made and rejected.
Our founding partner, Adam Gaslowitz, was recently certified as a mediator, in addition to being an experienced litigator in estate, will, and trust disputes. He brings a unique perspective to each case and can help keep you out of the courtroom.
The attorneys at Gaslowitz Frankel have years of experience navigating successful outcomes in estate disputes without having to resort to litigation. If parties do proceed to litigation and take their dispute to court, our attorneys are among the most well-respected and experienced fiduciary litigators in Georgia. If you are involved in an estate dispute and need legal assistance, contact us today at 404.892.9797 for a case evaluation.
