Trust Dispute Mediation: Texas Appeals Case.

Are you in a Palm Beach trust dispute? Are you about to go into mediation or   non-binding arbitration over the issues? Did you know that the probate court might need to sign off on a mediation settlement agreement? You may want to see what a San Antonio (Texas) Court of Appeals had to say about the matter in a March 4, 2015 case.

Trust Dispute Mediation

• When parties involved in a trust cannot settle a dispute a case is usually filed in West Palm Beach probate court.
• These days Palm Beach probate courts will not (usually) let a case go to trial without first having the parties submit to mediation.
• In mediation both sides agree on a neutral mediator who attempts to reach a settlement.
• Needless to say the success of mediation often depends on the temperament of the parties.
• Palm Beach probate litigators can often smell from the get go how successful a mediation is going to be.
• If the parties cannot even agree on a mediator, the court will usually appoint one but how do you think that is going to go?
• If two parties cannot agree on a mediator do you think they can agree on their Delray Beach trust dispute?
• Even more perplexing did you know the Court has to agree to dismiss the case pursuant to the settlement?

Davis v. Merriman

• A dispute arose around an inter vivos trust that was created in 1991. One of the two beneficiaries was unhappy with the payments so they initiated a lawsuit. Ultimately the dispute went to mediation on one of the issues and a settlement was reached.
• The court had to take the settlement into account and agree to it before they would dismiss part of the suit.
• Do you think that a court should be able to deny a settlement if both parties consent to it?
• Can’t the parties just dismiss the case on their own, what is the court really going to do?

Want to learn more, check out the entire case by clicking here.