West Palm Beach Probate: Does Your Mediation Agreement Contain a “Prevailing Party” Clause?

If you are involved in probate litigation Palm Beach,   you and your West Palm Beach estate lawyer will want to read this recent Florida case about getting attorneys fees after a mediated settlement agreement is signed.  Why?  In Boca Raton estate litigation, mediation is always , almost, ordered before your probate trial Delray Beach.  Mediation can lead to a signed mediated settlement agreement, which is often conditioned upon probate court approval.  The probate court approval is in the way of an ORDER from the Palm Beach probate court.  Many times, probate litigators insert a ” prevailing party” Florida attorneys fee sentence in the settlement agreement Palm Beach Probate.  Can you get attorneys fees?

Mediation

• What is mediation?
• Almost anyone involved in any type of litigation in Florida knows that mediation is when a neutral third party hears the merits of each person and attempts to reconcile a settlement.
• A mediator cannot order anything rather the parties must consent.
• Who mediates?
• In Florida a mediator is certified in an independent course and usually judges will have mediators they recommend.
• A mediator in Florida need not be a judge or accredited by a dispute resolution agency like the American Arbitration Association (AAA).
• Another good source to find a good mediator is to ask your Palm Beach probate litigator or trial attorney.
• What happens when a question of law arises out of that agreement?
• The Palm Beach judge on the case determines if the agreement fits the scenario and enforces pursuant to those terms.

Holton v. Worldwide Event Production et al.

• Two parties entered into a settlement agreement after mediation and it contained aprevailing party clause that allowed the winner in any later disputes (regarding that agreement) to collect attorney’s fees.
• Does your West Palm Beach settlement agreement have one of these clauses? Should it?
• Experienced Palm Beach probate litigators know that when they get a settlement that is favorable to their client it is best to make enforcement as affordable as possible.
• One good way to do this is to add a prevailing party clause.

Want to learn even more?

Check out the entire case by clicking here.