Will contests in estate planning can often lead to long, emotionally draining disputes among family members. When disagreements arise over the validity of a will or the intentions of the person who wrote the will, going to court is not the only option to help solve the problem.
Mediation in will contests
Mediation is a voluntary process that has been proven to be highly effective in helping people solve their problems. The goal in mediation is always to reach a mutually acceptable resolution, but unlike going to court, it is not an adversarial way to approach conflict. Instead, the aim is to avoid going to trial.
Why mediation?
People unfamiliar with mediation may wonder why they should choose it over going to court. First and foremost, mediation is cost-effective and takes much less time than the drawn-out litigation process.
Preserving relationships
In addition, one of mediation’s goals is to preserve the relationship between the parties. When the parties in a dispute are family members, keeping the relationship or at least having an environment where civility is prioritized becomes much more critical.
Empowering people
Mediation empowers parties to make their own decisions with the help of a mediator. Unlike a judge, who imposes a decision, mediators help facilitate a dialogue and encourage the parties to explore their needs and wants.
Privacy
For many people, matters relating to a family member’s estate are private, and they want to keep them that way. Mediation also offers an opportunity to solve conflicts privately and without fear.
If you find yourself in a will contest, consider mediation a viable option for solving the conflict and reaching a mutually agreeable resolution. It can save you time, reduce costs and ultimately lead to a solution that works for the parties and honors the deceased’s wishes while maintaining family harmony.
