Estate disputes can cause immense stress to those family members mourning a loved one. These disputes, which are sometimes triggered by late-in-life changes to estate plans, add stress to situations that are already quite distressing. Choosing to mediate these disputes can help ease stress, end conflict, and preserve relationships.
“Alternative dispute resolution gives attorneys and parties the space to be creative in how they structure a solution,” says estate litigation attorney Craig Frankel. “You can structure solutions which allow each side to be better off than they would have been, had they gone to trial.”
Related Article: Benefits of Mediation for Estate Disputes
Some people faced with an estate dispute may delay calling an attorney for as long as possible out of a fear of escalating the conflict beyond return. The opposite can be true, however. Fiduciary litigators, like the attorneys at Gaslowitz Frankel LLC, are experienced in de-escalating stressful situations. Our counsel in alternative dispute resolution has been invaluable to many clients..
The Benefits of Estate Mediation
In mediation, parties to a dispute agree to discuss the dispute with a neutral, usually another lawyer or retired judge, and try to resolve the dispute by agreement. The parties, their counsel, and the neutral work together to try to reach an agreement. The parties are able to freely discuss their case with the neutral and get the neutral’s insights regarding the strength of their case. This insight can help the parties be more realistic about their options, which increases the chances of resolving the case without a trial.
There are many benefits to mediating a dispute:
Cost Effective
Preparing for and trying a case is very expensive. Trials typically occur only after months of discovery and motions practice, all of which add to the parties’ legal fees. Mediation, on the other hand, can provide a far more cost-effective method of resolving legal disputes.
Timely
It can take months or years for a party to a lawsuit to obtain a trial date, as they are competing not only with other litigants, but also criminal cases for space on a court’s docket. Parties who elect to mediate their dispute can do so at their own convenience and resolve their issues much quicker than it would take to try a case.
Confidential
Litigation is typically a public process, meaning that pleadings may be accessed by anyone and trials and hearings are open to the public. Mediation allows parties to keep the details and outcome of their dispute private. This is especially beneficial when disputes involve sensitive issues, children, or people in the public eye.
Emotionally Sensitive
Those wanting to litigate a dispute without breaking family ties typically turn to mediation and other forms of alternative resolutions. Mediation allows the parties to communicate openly and work together to resolve their issues. Although mediation cannot guarantee that families remain intact, it is an emotionally sensitive option worth considering.
Leading Estate Mediation Attorneys in Georgia
The attorneys of Gaslowitz Frankel have years of expertise and success in all forms of Alternative Dispute Resolution. If you have a dispute that might benefit from ADR, consult with the attorneys of Gaslowitz Frankel.
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