Probate courts are there to make sure anyone who needs legal services can access them. The probate courts of Connecticut help people plan their estates, guarantee the responsibility of care for people who need it and resolve several types of disagreements.
Although some probate cases and other legal issues can become adversarial, there are several options that allow people to solve their problems amicably with minimal court involvement. Mediation is a popular way for parties to resolve difficulties on their own.
What is mediation?
Mediation is a way to avoid litigation when a case is contested. Former probate judges trained in conflict resolution and other useful disciplines help people find common ground and solve any remaining issues. The session often involves group discussion between the parties and their representatives.
What is the process?
Parties may submit a motion for mediation to the probate court. They may request a specific mediator or request one from the court. The mediator will then schedule a session for the parties to come together and begin the discussion.
What happens when mediation is over?
A mediation ends successfully with a signed agreement between the parties, which is submitted to probate court so the judge knows the case has been resolved. If a mediation fails to solve a case, the case will return to probate court for adjudication.
Parties to probate cases or mediations are entitled to legal representation to help elucidate their sides of the issue and file the appropriate motions to conclude a case. An attorney can help people resolve differences and get what they need from a probate case.
Source: Connecticut Probate Courts, "Probate Court Mediation Program," accessed Feb. 28, 2018