Does your will contest belong in mediation? West Palm Beach Appeals Case, September 9, 2015.

West Palm Beach promises those in a will contest a right to a jury trial.  That  being said alternative dispute resolution is very “in vogue” right now. Have you considered using a mediator or arbitrator to settle your disputes? What are the pros and cons of doing so? To learn more you may want to check out this recent case from West Palm Beach.

Mediation

• Mediation is becoming more and more common throughout West Palm Beach.
• Most courts will not even let you proceed to a jury trial without first going to a certified mediator.
• The truth is that often a mediator can bring the two sides together to realize the strengths and weaknesses of their case.
• A mediator does not take sides, they simply advocate for resolution.
• This is a lot different from an arbitrator that makes findings of fact.
• A mediator in West Palm Beach is going to charge a fee usually hourly to meet with you, prepare for the case and meet your opponent.
• Picking a mediator is an important decision and picking a bad one could haunt you.
• If you sign a settlement agreement while in mediation it is binding so think twice.
• All too often litigants wake up the next day with regrets but its too late.
• That agreement like any contract is enforceable.

Gentile v. Gentile

• This was an appeal from a trial court order that enforced a mediation agreement.
• The case was reversed and remanded but it was due to error not a change of hear.
• If you walk into that mediation room you should be prepared to settle but do it on your terms.
• Experienced West Palm Beach probate litigators know how to handle a mediation the right way.
• Another great thing about experienced probate litigators is they also make great mediators.
• If you think you can keep your case out of litigation, why not save the money and try mediation.
• Alternative dispute resolution may be a great way to save you time, money and the pains of full on probate litigation.

Want to learn more about alternatives to litigating, like mediation?

Check out the entire case by clicking here.