Those facing complex trust and estate conflicts deserve quality guidance through the legal process to resolve their disputes. Sometimes, taking the issue to court is necessary. However, it can be a tedious and expensive process and is not right for every conflict. For those that need an alternative, finding an intelligent and resourceful mediator or arbitrator can be the first step towards efficiently resolving the dispute.
What are the Methods of Alternative Dispute Resolution?
Alternative dispute resolution typically falls under mediation or arbitration, with collaborative law rising in popularity in many states, including Georgia.
Mediation is a good alternative resolution option for parties that know their needs but are not sure the best way to have those needs fulfilled in light of the other party. In mediation, the parties communicate their needs and proposals with the help of a mediator, who guides the parties and their counsel to come to a mutual agreement.
For parties that want to use alternative dispute resolution but are struggling to come to a compromise, arbitration may be the best course of action. Instead of parties trying to negotiate decisions, the parties agree that an arbitrator they select will make all final decisions. Decisions are binding, as if they were made in a court, and cannot be appealed.
Collaborative law is like mediation but with higher stakes. Parties are obligated to disclose all the necessary information needed to come to a decision, and parties must come to an agreement within the chosen timeframe. If parties fail to agree, the process starts over with new evidence and new representation.
Why Pursue Alternative Dispute Resolution?
To Keep Case Details Private
Highly sensitive cases or cases with minors involved may typically choose mediation because the facts of the case and the final agreements are allowed to stay private, whereas court proceedings are public. Alternative dispute resolution is the best chance to keep matters private, thus protecting the parties involved.
To Come to a Mutually Beneficial Agreement
Parties wanting to come to a solution that best benefits everyone involved might choose alternative dispute resolution. This option is advantageous when the parties want to act benevolently towards each other or must continue to work together in some capacity.
To Preserve Relationships With Opposing Parties
Families, divorcees, or business partners that want to maintain their relationship after the resolution may choose alternative dispute resolution. Because all parties are working towards a solution that works for all parties involved, it tends to leave less room for vitriol.
For Economical and Timely Benefits
Alternative dispute resolution is usually faster and cheaper than solving a dispute through court. For those that have concerns about settling disputes quickly or may not have the budget for full litigation, mediation and arbitration are viable options.
Related Article: Divorce Estate Disputes: Court or Mediation?
Find Supportive Council for Your Dispute
Whether you solve your trust dispute in court or through alternative resolution, to litigate your estate and trust dispute, you’ll require knowledgeable, compassionate, and fair legal counsel. The attorneys at Gaslowitz Frankel LLC have decades of proven results and can put the expertise to work for your unique and important case.
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