The Guide to Mediation of Estate Disputes | RMO Lawyers

Estate disputes that occur after a loved one passes away can be painful and exhausting, emotionally and financially. It’s for these reasons we often recommend that our clients participate in mediation to resolve their issues. In this guide to mediation of estate disputes, we'll cover the primary things you need to know about how mediation can help you and your family work through estate conflicts so you can all move on sooner.
FULL ARTICLE: rmolawyers.com/the-guide-to-m...
0:00 Introduction
0:01 The Guide To Mediation of Estate Disputes
0:33 What is an Estate Dispute, Contest or Conflict?
1:01 Property Distribution
1:49 Validity of the Will
2:04 Lack of Capacity
2:44 Undue Influence
3:16 Estate Executor or Personal Representative
3:47 What is a Estate Mediation?
5:02 What Does an Estate Attorney Do in a Mediation?
5:53 What is the Common Outcome of the Estate Mediation?
7:02 How Long Does It Take to Get an Estate Settlement After Mediation?
What Is Estate Mediation?
Mediation is a collaborative form of alternative dispute resolution that occurs outside of court. The mediation session is conducted by a trained mediator (most often a retired probate judge) who helps the parties reach a mutually-acceptable agreement. The mediator does not have any authority to make decisions, but serves as a facilitator between the parties to help them analyze the situation, discuss relevant information, and explore possible solutions.
Mediation is a great way to resolve an estate dispute. Estate conflicts are often about more than legal issues; they usually involve family relationships or other long-term relationships and the relationship issues that have percolated for years. These sorts of disputes are highly emotional, and for this reason, a collaborative mediation process may not just offer a solution to the estate dispute; it may also allow an opportunity for parties to heal or minimally move on from their relationships.
Is it Cheaper to Mediate An Estate Dispute?
In addition to providing a quicker resolution where you, rather than a judge, controls the outcome of your case, mediation also saves financial resources. Court processes and trials are expensive, and such things as expert witness fees and trial preparation costs may be avoided entirely, saving you significant money.
Can a Case Still Go To Court After Mediation?
If you can’t reach a mutually beneficial agreement in mediation, your case can still go to court after mediation fails. You do not give up your right to litigation by trying to resolve the dispute in mediation first. Additionally, anything that was discussed or occurred during the mediation remains confidential and cannot be used in a subsequent court case. Taking the case to court means that everything will start over as if the mediation never occurred.
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About RMO Lawyers:
RMO LLP serves clients in Los Angeles, Santa Monica, Orange County, San Diego, Kansas City, Miami, and communities throughout California, Florida, Missouri and Kansas.
Our founder, Scott E. Rahn has been named “Top 100 - Trust and Estate Litigation” by SuperLawyers, Trusts and Estates Litigator of the Year, and Best Lawyers in America for Litigation

[@kimgoranson9954]

I discovered 2 notes my brother owed my mothers Estate. He was personal representative & concealed notes from us siblings. 7 figures so no small change. I finally called an attorney. He concealed the fact he had removed the notes from moms Estate after they had been on original Tax Return. I can’t believe he put himself in so much legal & criminal jeopardy over $$! I hope mediation will work.

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