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Posts Categorized: Estate Mediation
6 ResultsMediation vs. Arbitration – What’s the Difference?
I am often asked what is the difference between mediation and arbitration. That question is usually followed by another: is one better than the other? In this blog, I will examine the differences between mediation and arbitration and outline some of the advantages of each. Mediation Mediation is a form of alternative dispute resolution. It…read more
The Costs of Litigation and the Loser Pays Principle
When new clients embarks on litigation (to challenge a will or to remove an executor, for example), one of the first questions I am asked is whether they can recover their legal fees or costs from the estate or trust (as we all know, litigation can be expensive). The expectation is that the estate or…read more
The Benefits of Comprehensive Releases
When combatants settle a lawsuit, they often exchange mutual releases – that is, they release each other from all and any possible claims arising out of the issues raised in the litigation. However, releases can be the bane of a lawyer’s existence when it comes to getting the words just right. Clients don’t think they…read more
The Importance of Documenting a Settlement
In the context of estate litigation, mediation, as well as pre-trial conferences, often leads to settlements. The importance of carefully documenting a settlement should not be overlooked. Where required, a Rule 7 motion (court approval of a settlement where a party is under a disability) will have the effect of forcing the parties to document…read more
When to Mediate
I recently attended a client meeting where the issue of mediation was hotly debated. My client expressed reluctance in participating in a process with a party that my client regarded as intransigent and obstinate. My client also thought that proposing mediation would suggest to the other side that our case was weak and we were…read more
Choosing a Mediator
Mediation is a common occurrence in estate litigation. Mediation is also popular in other areas, including family law and even commercial litigation. When choosing a mediator, I look for the following characteristics: Knowledgeable (has to know the law) Experienced at mediating (too many “wannabes”) Litigation savvy (knows the true costs and challenges of litigation) Empathetic…read more