How Can a Mediator Help with Estate Disputes?

John McDonald May 3, 2018 Comments Off on How Can a Mediator Help with Estate Disputes?
How Can a Mediator Help with Estate Disputes?

When a loved one dies, it can be a difficult and confusing time, especially when there is an inheritance dispute among the beneficiaries of the said will. Even though you may want to honor the last wishes of the deceased, their idea of their legacy may not necessarily correspond to what you feel like is right.

There is always an option of challenging the will in court and entering a prolonged and costly dispute with other people mentioned in the will about the rights and obligations. However, as soon as attorneys and courts are involved, any form of civility and amicable resolution becomes virtually impossible to reach.

That’s why there is a more neutral and informal solution – mediation.

Why Courts Aren’t Ideal

The primary reason why court ordered solutions to estate disputes aren’t great is that they are more often than not one sided, meaning that the court will reach a decision which benefits one or the other plaintiff. Any kind of a compromise is all but impossible when the courts decide.

Furthermore, the whole process can drag on for months and even years with a considerable cost to all parties involved, covering court fees and attorneys, neither of which is cheap and can consume large sums of money, even more than what the estate is worth by the end of the process.

However, perhaps the most damming problem of legal litigation to determine the outcome of an estate dispute are the interpersonal relationships between the opposing parties. If you let the court tell you what is right and who is right, chances are that your relationship to other members of your family or other interested parties in the estate case will be seriously damaged. There are countless examples of family members cutting all ties to each other over the disputes over inheritance.

How Can Mediation Help

Mediation has numerous advantages over the litigation. What’s more, if you feel that the litigation is taking too long or isn’t effective, you can switch over to mediation and resolve the issue much quicker. The speed at which your case can be completed is just one of the advantages of mediation.

What’s more important is that you can have your side of the story heard and that you are in direct contact with the other interested parties at all times. Even if you don’t like the resolution of the mediation process, you can still decide to take the matter to court because mediators are here to help you find a common ground and have an advisory purpose rather than a legal one.

A More Humane Approach

The reason why people prefer mediation to courts is that it offers a more humane and personal approach. Courts are usually very busy and you will only get a few hearings to state your case in pure facts. After that, the whole case is left to the discretion of the judge who presides over your case.

When it comes to mediation, you will be given the chance to offer your view of the situation, as well as hear the other party or parties. The qualified and skilled mediators will guide the conversation towards a constructive solution rather than deciding who is right and who is wrong.

What’s more, the mediation company, like https://pacificcoastmediation.com/ can help you not only reach the decision but also file all the necessary paperwork and resolve the whole problem without being dragged through courts and public disputed in the family.

As our civilization develops, we seek more humane and tranquil ways to resolve any disputes we may have. Mediation is a good way to achieve just that.

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