Estates mediation is defined as a structured negotiation in which a neutral third-party mediator facilitates discussions between family members, beneficiaries, executors and legal counsel to reach a mutually agreeable resolution, which is called a settlement agreement. Unlike litigation, mediation fosters open communication and collaboration, helping parties find solutions that address legal, financial and emotional concerns. Parties control the outcome of the process, and their settlement agreement is enforceable in court, acting as a contract.

Our panel of retired judges and seasoned attorneys have settled numerous estates disputes throughout the multiple decades that ADR Systems has been in business. These have included:

• A matter regarding whether the defendants were considered co-trustees of an estate and the extent to which they violated fiduciary duties

• A matter involving a wealthy 93-year-old man who made provisions in an estate plan for his 86-year-old female companion including cash and property; the sons objected and obtained guardianship over their father; woman filed suit claiming tortious interference with inheritance expectancy

• A matter involving objections to a plan of distribution from a trust because of the emergence of a revised Restatement to Trustee and counterclaims of breach of fiduciary duty by the beneficiary against the successor trustee

Parties to estates disputes enjoy various advantages when they mediate their dispute at ADR Systems.

Faster Resolutions: Mediation can resolve disputes in weeks or months rather than years, reducing the time burden on plaintiffs and defendants

Cost Savings: Avoiding lengthy court battles saves money otherwise spent on legal fees, expert witness costs and administrative expenses.

Confidentiality: Unlike public court proceedings, mediation is confidential, protecting reputations and sensitive information.

Reduced Stress: Mediation fosters a collaborative rather than adversarial atmosphere, reducing emotional strain for all involved.

Greater Control: Mediation removes the uncertainty and risk associated with litigation, where outcomes can be all-or-nothing; both parties have a say in the outcome of the case rather than leaving the decision in the hands of a judge or jury.

Preserved Relationships: Open dialogue allows parties to maintain professional relationships when possible.

Experienced Neutrals: ADR Systems’ panel of mediators consist of retired judges and seasoned attorneys with decades of hands-on knowledge of the disputes before them and an ardent passion for resolving them.

Mediation is a practical solution for many estates disputes. It is particularly beneficial when parties seek a resolution that prioritizes confidentiality, expediency and cost-effectiveness.

If you are representing clients involved in an estates dispute and want to pursue mediation as an alternative to litigation, explore our Find A Neutral page to review the bios of mediators with experience mediating estates disputes.

Submit your estates case through our Neutral Availability Form or Contact Form.