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 strain family relationships, mediation provides a better form for collaboration, allowing family members, trustees and other interested parties to be able to express themselves in a safe environment, possibly preserving relationships in the process. Once a settlement is reached and the agreement signed by the parties, the agreement is binding and enforceable in court.

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

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.

Learn more about our mediation services.