Although we are litigators, we believe that estate disputes should be handled out of court if at all possible. Usually these disputes involve family members, and avoiding litigation gives both sides the best chance at repairing the relationship and healing the family.
When the dispute involves a guardianship or conservatorship, it can be difficult for clients to see the wisdom in settling out of court. These cases can involve claims that seem more like criminal actions than civil litigation, making it difficult for family members to compromise. Sometimes, clients are not even aware that such cases can be settled by agreement.
The best reason to consider bringing a guardianship or conservatorship case to a mediator or arbiter instead of going to court is time. When a family member is in need of a guardian or conservator, time is of the essence and alternative dispute resolution is often faster than taking the case to trial.
In a guardianship or conservatorship dispute, a loved one’s financial or physical safety may depend on reaching a resolution quickly. The individual who is the subject of the guardianship or conservatorship is, by definition, incapacitated, and often in the end stages of their life. Prolonged litigation can be confusing and frightening for the person in need and is a painful way to spend the last months or years of one’s life.
Prolonged litigation is also a drain on finances and could prevent the person in need of a guardian or conservator from getting the care they need for the remainder of their lives.
In mediation or arbitration, issues can generally be solved more quickly. Cases that are submitted to arbitration are decided by an arbiter instead of a judge and can be resolved in as little as two weeks.
In mediation cases are resolved by agreement and can be completed in an afternoon.
If you are involved in a guardianship or conservatorship dispute and want to know whether alternative dispute resolution is right for your situation, Gaslowitz Frankel can help. We specialize in such disputes and are equipped with the experience and knowledge to guide our clients to the best decision. We have helped hundreds of families arrive at a fair outcome in fiduciary disputes of all kinds. Contact us today to find out how we can help.
