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By: Scott Grossman on June 18th, 2018

Mediator: Advantages of Using to Resolve Probate Disputes

While all executors hope that a probate administration will run smoothly, the reality is that sometimes, disputes arise. These disputes are not always easily resolved. When this occurs, it is up to the executor to carefully guide the parties in order to cause the minimum amount of harm to the estate. One option that is worth pursuing is mediation. A mediator is often able to explore the parties underlying interests, needs, and priorities in a way that the formal court system cannot.

Six Reasons to Consider a Mediator for a Probate Dispute:

Still not convinced? Consider the following advantages that are provided by utilizing mediation as a way to resolve a dispute that arose among the beneficiaries of an estate:

  1. First of all, keep in mind that mediation is confidential.
  2. Additionally, mediation is a non-binding process.
  3. Mediation involves a trained mediator who can act as a neutral third party to facilitate a resolution to the dispute that exists among the parties to the estate.
  4. The mediator is not the decision-maker; instead, the mediator’s role is to help the parties reach a compromise together.
  5. Furthermore, mediation is flexible.
  6. Also, mediation is a less formal process that is often less expensive
  7. Lastly, it is often quicker than if the dispute were to go forward as a formal trial.

Mediation is often especially useful when the dispute is among family members who harbor deep-seated emotional baggage. The mediator can often guide the conversation so that it is productive rather than hostile.


If you are ready to start your case, then please give us a call or fill out our Get Help Now form. A comprehensive overview of California Probate is available here. Should you have additional questions about trust litigation, you will find plenty of useful information in our Learning Center.