Lawsuits do not necessarily have to proceed to a trial before a judge or a jury. Often, before or after a lawsuit is filed, there is a window of opportunity in which the parties involved may reach a settlement or negotiation that will reduce financial costs, risks, uncertainty and the emotional turmoil of moving forward with a lawsuit.
When this window presents itself, the attorneys representing the respective parties may be able to resolve estate and trust issues through a form of Alternative Dispute Resolution called Mediation. Mediation occurs when a neutral and independent third party steps in to act as the point of communication between the involved parties and facilitates negotiations to help the parties move towards a mutually agreed-upon settlement. Mediation can present many benefits when implemented as an alternative to litigation, including the following:
Maintaining long-term relationships with family members
Becoming embroiled in a lawsuit with family members is more often than not a contentious, emotionally difficult process that can irreparably damage important family relationships. Emotions can run high when sensitive family issues surrounding money are involved; a neutral third party in mediation will help to ensure that a fair outcome is reached, and provide unbiased, rational advice to help parties move towards a settlement that feels fair for both sides. Parties that successfully complete mediation have a much better chance of working through family conflict and coming out with their relationships in tact.
Avoiding the stress and delays of lengthy court battles
Often times, estate disputes can be resolved much faster through mediation than they can in court. Depending on where the parties are located and how complex the disputed estate issues are, court battles can frequently take years to come to a close. Mediation will allow you to conveniently set meeting times to resolve your issues, rather than wait for court dates for each step of the process. In addition to resolving your issues in a more timely fashion, working with experienced attorneys can save you from the emotional stress of becoming embroiled in a drawn-out court battle.
Achieving a mutually agreeable outcome instead of court-imposed rulings
If parties resort to litigation, the court will ultimately decide who gets what in an estate battle. This frequently results in both parties being disappointed when a verdict is reached. Mediation creates opportunities for parties to work towards an outcome that is mutually beneficial, giving heirs increased autonomy over decisions regarding assets.
Significant financial savings
Taking an estate dispute to court can be an extremely costly endeavor; legal fees can easily reach exorbitant amounts when court battles are drawn out over an extended period. Mediation may save the involved parties significant sums of money in attorney and court fees.
Though not all estate disputes can be resolved through mediation, the attorneys of Gaslowitz Frankel have helped countless individuals achieve successful outcomes in an estate dispute 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.
