Mediation

The mediation of estate and trust litigation has become one of the most important tools available to fiduciaries and beneficiaries to resolve their cases before a large portion of the value of the estate or trust is consumed by attorneys through the costs of litigation. Depositions, document productions, and court hearings are expensive. Through mediation, the clients of the respective attorneys involved in a dispute can place themselves in a position of control by having an opportunity to resolve the dispute before the attorney’s fees and costs grow even larger. In the opening portion of the mediation, as a mediator, I refer to that opportunity as “self-determination:” the opportunity to take control of the case, the expenses, and the outcome and place it in the hands of the client.