Mediation Of Contentious Probate Disputes

Mediation is suitable for resolving controversial wills, controversial wills, and inheritance disputes. Family members are often still grieving, and lawsuits often lead to fights between parents and children and create rifts between siblings.

This article describes the suitability of mediation in controversial inheritance claims cases and provides information on how to increase the chances of settlement. You can also know more about court mediation via

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Various types of contentious inheritance disputes can arise. This may include disagreements about:

  • Lack of will capacity
  • Lack of intent
  • Lack of knowledge and approval
  • lack of proper implementation
  • undue influence
  • Fraud and forgery

In mediation, the disputing parties sit together with a neutral and trained third party (mediator). An agreement can only be reached if all parties agree.

Mediation allows plaintiffs to sit in the same room as other parties (often friends and relatives of the deceased and possibly non-profit beneficiaries). Mediation allows the parties to fully explain their grievances while trying to maintain family ties and speed up resolution.

Mediation has many advantages over court proceedings:

1) Fees – Mediation is usually less expensive than appeals.

2) Unlike legal disputes, speed mediation can take place within a few days.

3) Mutually satisfactory results – parties are generally more satisfied with decisions made by mutual consent than with decisions that are left to them.

4) Confidentiality – Mediation is confidential and, unlike the process, there are no public records.

5) Control – Mediation is a completely voluntary process. The parties control the outcome.

Mediation can be the first time a party's lawyer meets his client. This will allow lawyers and/or attorneys to assess how parties and witnesses present can present themselves during the trial if claims are not resolved. In addition, the party can assess the attorney/attorney's attitude.

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