In probate matters, mediation is a common alternative dispute resolution (ADR) method to probate litigation.
Mediation is a voluntary negotiation facilitated and assisted by an impartial third party (a mediator) trained in settling disputes. Unlike other forms of alternative dispute resolutions such as arbitration, mediation is non-adjudicatory.
No findings of fact or law, whether binding or non-binding are made by the mediator.
For some disputes, the only method of resolution is through litigation. For many others, though, probate mediation can lead to a faster resolution and provide you a sense of control that you won’t get in a trial. Mediation is a type of accelerated negotiation in which a trained neutral party facilitates productive conversation between opposing parties.
The mediation process is typically structured in a multi-step process that includes making a clear statement of the problem, gathering information about the issues, and clearly identifying the problems being disputed by both parties. Both sides can meet privately with the mediator as well as collectively with all parties present during this procedure.
Mediation is available to assist families in avoiding probate litigation. While many estates are settled amicably or through mediation, some will be contentious and end up in Texas probate court.
Families can settle probate matters outside of the judicial system through mediation by a third, neutral party. Communication is the most common obstacle in probate conflicts, and mediation often solves it. If done correctly, the mediation procedure allows all heirs and family members concerned to communicate effectively. Mediation also ensures that the probate case remains confidential. The mediation process is a private family partnership rather than a complete trial with a public presentation, unlike litigation court which opens your case to public scrutiny.
Our attorneys have extensive experience in mediation and negotiating probate matters. We can assist you in the mediation of conflicts, such as the following:
Most mediations require only one day and, typically, cost no more than a single deposition. Some mediators charge an hourly fee, and others charge a flat daily rate that varies according to the amount in controversy, nature of the dispute and the number of parties.
We want to hear from you. Let our Houston Mediation Attorneys help you navigate through the mediation process. Contact us to schedule your FREE consultation.