Guardianship disputes tend to focus on whether a guardian is needed and whether a proposed guardian is appropriate. As these disputes usually arise among family members, addressing the disputes outside of court can help to keep down costs, and preserve family ties.
Mediation and alternative dispute resolutions can be particularly helpful in resolving these issues.
Time
Perhaps one of the main benefits of bringing a guardianship dispute to a mediator is the factor of time. If a family member requires a guardian or conservator, it may be imperative to take action quickly.
A court case can take months before reaching a final decision due to the time required for discovery and the court’s docket. With mediation, cases can be solved quickly and efficiently. And courts can act more quickly on guardianship matters issues if all interested parties agree.
Cost
Another benefit of mediation is that it costs less than litigation. Litigating a guardianship matter can dissipate the funds available to support the proposed ward. With mediation, the parties only pay for the neutral they hire to assist them (usually an attorney experienced in this area of law).
Positive Outcome
Allegations against family members in court pleadings can feel particularly offensive, cause unnecessary acrimony, and make it difficult for family members to compromise. Relationships can be permanently damaged.
Choosing mediation can set a tone of cooperation and preserve relationships. The process itself is less stressful, making it easier to address important concerns and compromise.
While there are times when court intervention is the only solution, most families can benefit from the timely, cost-efficient, and positive opportunity mediation presents.
Are you interested in learning more about mediation or other forms of alternative dispute resolution? Contact our firm today for more information.
Gaslowitz Frankel LLC is the Southeast’s premier fiduciary litigation law firm. Our legal team specializes in all aspects of fiduciary disputes representing individuals, executors, trustees, investors, shareholders, and corporate fiduciaries in complex fiduciary disputes involving wills, estates, trusts, guardianships, businesses, and securities law.
