Trusts mediation is defined as a structured negotiation in which a neutral third-party mediator facilitates discussions between family members, beneficiaries, trustees, other interested parties and legal counsel to reach a mutually agreeable resolution to a dispute, which is called a settlement agreement. Unlike litigation, which could cannibalize the value of assets in a trust and ruin family relationships, mediation fosters open communication and collaboration, helping parties find solutions that address legal, financial and emotional concerns, and their settlement agreement is enforceable in court, acting as a contract.

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

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

• A dispute involving claims that a former residuary trust co-trustee resigned from the role and had negligently mismanaged trust assets, resulting in penalties from creditors and the foreclosure of a property within the trust

• A dispute involving claims by beneficiaries against a trustee of conversion and breach of fiduciary duty in the dissipation of $1.5 million in trust assets from the 92-year-old owner of trust

Parties to a trusts dispute enjoy various advantages when they mediate it 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 family members, trustees and other interested parties to maintain civil relationships, communicate more openly and begin to re-build trust when possible

Experienced Neutrals: ADR Systems’ panel of mediators consists 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 trusts disputes. It is particularly beneficial when parties seek a resolution that prioritizes confidentiality, expediency and cost-effectiveness.

If you are representing clients involved in a trusts 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 trusts disputes.

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