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What to Look For When Selecting a Probate Mediator

Uncategorized Dec 7, 2015
post about What to Look For When Selecting a Probate Mediator

Florida probate litigation can get expensive and some people are choosing  to turn to alternative dispute resolutionas a result. Did you know that your local Florida trust lawyer may also do inheritance and trust mediation? What do you need to know about mediation that Estate lawyers in Florida already do. 

What is ADR?

  • ADR is an abbreviation for alternative dispute resolution. 
  • ADR attempts to take care of fights before they get to the West Palm Beach probate court. 
  • Probate litigation attorneys use the court system to prolong fights when they think they will lose and it can get very expensive for both Parties.
  • Many people when faced with the expense of a full blown probate lawsuit will talk to their Florida probate lawyer about alternatives.
  • This where ADR comes in.
  • Some forms of ADR like arbitration require both Parties to consent to an entirely different court system which some will not do.
  • That is why many consider probate mediation a safer bet.
  • Why?
  • Because if you are unhappy with the results of probate mediation you can still hire a Florida estate attorney to take your case into Court.

Who Does Probate Mediation

  • Probate attorneys Florida can also serve as your probate mediators.
  • Both sides usually hire their own independent probate lawyers although that is by no means obligatory.
  • Then Florida estate attorneys will usually agree on some third party to act as a mediator between the two sides.
  • The mediator cannot make rulings- he is not a judge or an arbitrator.
  • What he can do is constructively guide the discussion and help get a settlement reached.
  • But wait- you wanted to take them to Court for all they were worth right?
  • That may be popular in the movies but in real life it is expensive, sometimes prohibitively so.
  • Also you have to remember that a judgment can be harder to collect that a mediation agreement.
  • Sometimes lawyers in West Palm Beach will make as a prerequisite to signing the settlement agreement that the other side present a cashiers check for the settlement amount.
  • That is how you wrap up the West Palm Beach probate lawsuit quick and effectively.

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