Trust and Estate Mediation Services

When there is a trust or estate dispute between two parties, the first step is usually attempting to negotiate a settlement, or otherwise reach an agreement, outside of court. But depending on the motivations of the parties and the complexity of the issues in the case, negotiation can have varying levels of success. When direct negotiations cannot resolve the issue, the parties can choose to enter into estate mediation.

Whether the issue concerns a will contest, problems with the administration of a trust, or executor misconduct, trust and estate disputes can be emotionally and financially draining. At White and Bright, LLP, we encourage our clients to resolve their conflicts using mediation whenever appropriate to save them time and money — and reduce the emotional toll that litigation can take. Working to protect your interests every step of the way, we will ensure your rights are safeguarded during the trust or estate mediation process and help you enter into an agreement that is legally sound.

What is Mediation?

Mediation is a form of alternative dispute resolution that can be used in trust and estate matters where the parties to a dispute attempt to reach a settlement outside of litigation. Mediation sessions are guided by a neutral third-party called a “mediator.” This individual is not an attorney and cannot take sides or offer legal advice. Rather, they help the parties reach a mutually agreeable resolution by facilitating constructive and healthy communication.

If you are facing a dispute with your family members concerning a loved one’s estate or the administration of a trust, the attorneys at White and Bright can advise you regarding your options. While mediation can be highly beneficial in most cases, it may not be appropriate in situations where there is a power imbalance or a party refuses to compromise. Our estate mediation attorney team can provide you with the counsel you need as we work to help you find tailored solutions that will honor your loved one’s wishes.

What are the Benefits of Trust or Estate Mediation?

Mediation has many advantages over litigation when it comes to resolving trusts and estates disputes. Most importantly, the process is private — this can be particularly advantageous in situations where a family does not wish to have their affairs made public in the courtroom. In the event mediation fails and the case proceeds to court, nothing that is said in mediation can be used against another party in litigation.

Other benefits of using mediation to resolve trusts and estates disputes can include the following:

  • Neutrality — Mediation is facilitated by an impartial third party called a mediator in a neutral, low-conflict environment.
  • Cost-effectiveness — The mediation process avoids the high costs that are often associated with litigation.
  • Efficiency — Mediation can often lead to a faster resolution of your case. Rather than be bound to the court’s calendar, the parties to an estate dispute can schedule mediation sessions at their convenience. In addition, you may be able to reach a settlement in as little as one or just a few sessions.
  • Confidentiality — Unlike litigation, which takes place in a public courtroom on the record, mediation can keep your family’s financial affairs and disputes private and confidential.
  • Amicability — In contrast with litigation, mediation is non-adversarial and focuses on open communication, rather than conflict. This approach can help to preserve family relationships.
  • Control — The parties in mediation remain in control of the outcome, rather than let a judge decide the case. This can often lead to greater satisfaction regarding the results.
  • Flexibility — Mediation allows the parties to find creative solutions that might not be available in the courtroom.
  • Reduced stress — Mediation is a collaborative process that eliminates the uncertainty of litigation, which can often cause a significant amount of stress.

The estate mediation attorneys at White and Bright have extensive experience seeking solutions for clients in mediation. We understand that resolving disputes sooner rather than later is often best for the parties to reduce costs and emotional stress. We will work to help you achieve a resolution swiftly as possible while firmly protecting your interests. However, if attempts at mediation fail, we are prepared to aggressively assert your rights in the courtroom.

Contact an Experienced California Estate Mediation Attorney

At White and Bright, LLP, our estate mediation attorneys are focused on resolving trusts and estates disputes by reaching a settlement that is fair to all parties concerned. We also know how important it is to preserve the family relationships that are most valuable to our clients. With experience having served as both court-appointed and private mediators, we offer comprehensive counsel and reliable representation for a wide range of estate disputes. Contact us today online or call (760) 747-3200 to schedule a consultation.