Our clients frequently ask us what are the advantages of mediation or arbitration for their wills and estate disputes. This is our answer…

When a loved one passes away, it can be a difficult and emotional time for everyone involved. Unfortunately, disputes can arise when it comes to distributing their assets and carrying out their final wishes. In these situations, mediation or arbitration can be a helpful alternative to going to court. Here are some of the benefits of using mediation or arbitration to resolve a Wills and Estate dispute:

1. Cost-Effective: One of the main advantages of mediation or arbitration is that they are typically more cost-effective than going to court. Courtroom litigation is a lengthy and expensive process, but mediation or arbitration can often be resolved in a shorter amount of time and with far fewer legal fees.

Normally, everyone’s legal fees plus the costs associated with courtroom litigation are paid directly from the Estate itself. By choosing the much less expensive option of mediation or arbitration there will be more money left in the Estate for the beneficiaries to divide between them. It really is a win-win-win scenario.

2. Confidentiality: Courtroom processes are wide open to the public. Mediation or arbitration proceedings, on the other hand, are 100% private and confidential, which means that information shared during these sessions is not made public. This can be particularly beneficial for families who want to keep their personal matters out of the public eye.

3. Flexibility & Control: Mediation or arbitration allows for more flexibility and control than a court proceeding.

In a court proceeding, a judge makes the final decision regardless of whether all parties like the decision or not. What’s more, the strict and cumbersome rules regarding everything from how the courtroom process unfolds to how and what evidence must be provided can be both overwhelming and difficult to understand.

In mediation, however, there is significant flexibility to allow the parties can come to an agreement that truly works for everyone involved.

In arbitration, there is the additional flexibility for the parties to decide how and what evidence can be introduced, and even what factors should be used to decide the final outcome. For example, the parties might want the Arbitrator to make a decision based upon cultural or religious considerations, or even just an “overall sense of fairness,” rather than a strict application of the law.

4. Speed: Mediation or arbitration can be resolved much more quickly than a court proceeding. Our mediators and arbitrators can often help you resolve your Wills and Estate disputes in matter of weeks, rather than the months or even years that it can take in court. This can be especially important when it comes to settling an estate, as delays can cause additional stress and expenses for the parties involved.

5. Preservation of Relationships: Mediation or arbitration can help preserve relationships between family members. Going to court can often create more animosity and tension, but mediation or arbitration allows for a more collaborative approach that can help maintain familial bonds.

In summary, mediation or arbitration can be a cost-effective, confidential, flexible, and efficient way to resolve Wills and Estate disputes. It allows parties to have more control over the outcome of their dispute while preserving relationships and reducing stress.

If you are involved in a Wills and Estate dispute, you owe it to yourself to consider working with one of our professional and experienced mediators or arbitrators to find a resolution that works for everyone involved.

We are here to help and always offer a free, no-obligation, initial consultation. You have nothing to lose and everything to gain.