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Probate and Estate Litigation Blog

3 benefits of estate mediation vs. litigation

A contested will can do a lot of damage to a family. When a family member challenges a will, it can bring the worst financial, legal and emotional nightmares. Estate disputes can often last for years.

Is there any alternative to estate litigation? Mediation is a viable option in many cases. Mediating estate conflict is an opportunity to get the parties together before taking the issue to court. Here are some advantages of choosing mediation over litigation. 

1. Save time and money

Mediation often reaches a resolution faster than a lawsuit. Instead of a lawsuit that lasts for years, you can resolve mediation processes within a matter of months. Not only is a lengthy lawsuit frustrating, but it also costs a lot. Filing fees and procedural rules associated with the legal process can be far too expensive. If you want a more affordable and timely result, consider mediation. 

2. Have more control

The disputing parties have more opportunities to control parts of the process. For example, you can choose a neutral venue, determine the duration of the process and choose an outcome. This flexibility is preferable over the rigid judicial rulings and procedural requirements characterized by formal litigation. 

3. Less adversarial

Because mediation is an informal approach to estate dispute resolution, the proceeding typically takes place in a less confrontational atmosphere. The disputing parties usually meet in an attorney's office to create a positive relationship between all parties. This often leads to better results than a court proceeding that can lead to nasty arguments, With mediation, you cannot come to an agreement unless all sides work together to reach a settlement. According to a piece on estate mediation by the Wall Street Journal, mediation usually does not cause lasting bitterness between family members.

Choosing alternative dispute resolution can be a much more beneficial decision. If you have a problem with how a family member wrote a will, consider mediating instead of suing.

 

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