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By: Scott Grossman on August 5th, 2016

8 Facts about Mediation as Part of San Diego Probate Court Litigation

During a California probate litigation matter, mediation may be a compromise that can allow the parties to settle a dispute without the need for more formal legal proceedings. Disputes can arise during the process of administering an estate for many reasons. Beneficiaries could be arguing over the size of their inheritances. Stepchildren may be feuding with stepparents, or an heir may allege that the deceased was unduly influenced by someone during the creation of the estate plan.

Regardless of the cause of the dispute, mediation may be an opportunity to resolve the probate estate issues quicker and in a more cost-effective manner than a formal lawsuit. A knowledgeable San Diego probate court lawyer can help you decide whether mediation is an appropriate option for your legal matter.

The following are helpful facts about San Diego probate court mediation proceedings:

  1. Mediation is a non-binding process.
  2. Mediation is confidential.
  3. The mediator is specially trained to act as a neutral third party to facilitate communication between the parties.
  4. The mediator assists the parties in reaching a resolution that is mutually acceptable.
  5. The mediator’s role is to guide the parties, not to issue a ruling.
  6. A mediator will focus on the underlying interests, needs, and priorities of each of the disputing parties.
  7. Mediation is more flexible and less formal than a San Diego probate litigation trial.
  8. Mediation is especially useful during probate administration when emotions are running high following the loss of a loved one.

Mediation can also be useful to help resolve disputes surrounding trust administration. To learn more about why trust litigation may come about, view our article, Trusts: 8 Reasons for California Probate Court Involvement. Call an experienced probate attorney today for a complimentary consultation. Call The Grossman Law Office at (888) 443-6590.