Most people are intimidated by legal disputes, especially when it comes to issues involving an estate. Litigation results in one side winning and the other losing. Rather than spend a considerable amount of time taking a case to court, with no guarantee of a positive outcome, many people choose an alternative to the courtroom - mediation.
If you’re involved in an estate dispute, you may want to consider speaking with a Florida and Palm Beach County mediator about whether mediation may be the right legal solution for you.
About Estate, Probate, Trust and Guardianship Mediation in Florida
Mediation is a dispute resolution process that allows parties to negotiate a mutually agreeable outcome under the guidance of a certified mediator. The process is voluntary, meaning that both parties must agree to participate in mediation. Don’t assume that the other side won’t agree to mediation - mediation presents several advantages over traditional litigation:
- The mediator is a neutral third party, similar to a judge, who can help resolve your dispute when both sides are unable to set aside their personal differences.
- You retain control over the outcome. Unlike a judge, the mediator does not render a decision. Instead, the Mediator helps both sides through the negotiation process to achieve an outcome that is fair and beneficial to both sides.
- You may be able to negotiate terms that would not be achievable through litigation.
- Mediation is typically faster and much less expensive than litigation.
- In Florida, mediation is a confidential process. Every communication during mediation is inadmissible in the litigation and helps achieve an open dialogue to resolve the pending disputes and issues.
Mediation is not an ideal solution for all cases, but if you’re dreading the prospect of litigation, you should talk to a Florida and Palm Beach County mediator to discuss whether it would be right for you.
Mediation for Inheritance Disputes
Inheritance disputes can quickly reignite old grudges and rivalries, leading to negative emotions for both sides. It may become impossible to resolve the dispute without a neutral third party once the parties become entrenched. Unfortunately, litigation often makes a difficult situation worse, as the legal fees mount and the dispute makes its way through the court. Family relationships may be irrevocably damaged by the time the case has concluded whether it concerns an estate, probate, trust or guardianship dispute.
Mediation allows an opportunity for the parties to resolve their disputes while retaining some control over the outcome. As mentioned above, the mediator serves as a neutral third party who can help resolve the dispute when the parties can no longer resolve it themselves. Finally, the parties can choose to reach a mutually beneficial compromise, thus avoiding the “winner takes all” outcome that results from litigation.
Benefits of Mediation
If you’re engaged in an estate dispute, mediation can help in the following ways:
- Reduce the amount of time you spend engaged in the dispute. The mediation process can be much faster than litigation, as it avoids time-consuming motions and appeals.
- Reduce your legal expenses. Because mediation is less time-consuming than litigation, it will cost less in legal expenses. It also tends to be more “outcome-oriented,” allowing the parties to avoid the winner/loser scenario that litigation provides.
- Achieve a favorable outcome with minimal risk. Because the parties negotiate a mutually-agreeable outcome, you have a better chance of a favorable outcome on certain points without having to risk your entire claim.
Contact a Florida and Palm Beach County Mediator to Discuss Whether Mediation is Right for You
If you’re interested in learning more about mediation, a Florida and Palm Beach County mediator at Comiter, Singer, Baseman & Braun can review your case and discuss whether it is right for you. To learn more, contact us either online or by calling us at 561-626-2101 or toll-free at 800-226-1484.