Why go to probate court when you can mediate?

| Oct 11, 2019 | Probate Litigation

The last thing that someone wants to do as their last act is create an argument in their family. But disputes over inheritance are all too common, and it does not take much of a misunderstanding to spiral out of control and ruin vital relationships. Probate courts can help sort out disagreements, but the process does not have to be adversarial.

What are the alternatives to traditional probate?

A contested probate case in Connecticut may be mediated instead of ruled upon by a judge. Mediators, who may be former judges, are always specially trained to be a neutral facilitator for discussion of the issues in a conflict. It’s their goal to get people to make an agreement with each other on their own.

How do people get ready for mediation?

Several legal specialties have mediation programs tailored to the important details, and probate court is one of them. There is a daily fee to be arranged with the probate court, although many mediations are completed within a day.

What authority does the mediator have to make an agreement?

Technically, the mediator cannot force an agreement. Both parties must agree to the final option on their own, and either party can withdraw from the mediation at any point if he or she feels like it is not going well.

Can I have legal assistance in a mediation?

People who need the help of a probate court are always permitted the help of a lawyer. An attorney can help work through legal details of an agreement in probate court or in mediation.