Texas Estate Mediation is an effective way of resolving estate disputes involving a Last Will and Testament, a disputed trust, issues with a power of attorney, and distribution of an estate’s assets. Mediation is an out-of-court process for legally resolving a dispute through a neutral third-party mediator.
More about estate mediation:
- Texas estate mediation often involves settling a lawsuit involving a Texas will contest, a trust dispute, a breach of fiduciary duty, or legal guardianship issues.
- Estate mediation generally takes a half-day or an entire day.
- The mediation can be scheduled for before the estate lawsuit is even filed, though most estate mediation usually occurs mid-way through the lawsuit.
- Estate mediation is effective at saving litigation costs. Also, many clients are interested in resolving cases quickly; because litigation can take months or years, mediation is appealing because the case can be resolved more quickly.
- With litigation, there is a winner and a loser in the case. With mediation, the goal is to reach an agreement, so there is no winner and no loser. This is different from arbitration, where an arbitrator picks a winner and loser.
How does estate mediation work?
Texas estate mediation is usually resolved using the “shuttle mediation” process. With this process, each “side” of the lawsuit will be seated in separate rooms. If the sides have lawyers, each side’s lawyer will be in the room as well. The mediator will shuttle back and forth between the rooms. The mediator’s role is to try to get the sides to come to an agreement somewhere in the middle. In this way, there is no 100% winner or loser. Experienced Texas estate mediators suggest creative solutions for resolving the dispute. Mediation allows flexibility in the settlement options.