When a probate or trust case becomes disputed in Arizona, the court will often require the parties to participate in a settlement conference or mediation. These meetings provide a structured opportunity to resolve conflicts privately and avoid the cost, delay, and uncertainty of trial. Understanding what happens at mediation can help you prepare and improve your chances of reaching a fair resolution.
Q. What is the purpose of a probate settlement conference or mediation?
The purpose is to help parties resolve their dispute with the assistance of a neutral mediator or settlement judge. They do not decide who wins or loses. Instead, they facilitate communication, identify areas of agreement, and help the parties explore practical settlement options.
Q. Who attends mediation?
Typically, the parties involved in the dispute, their attorneys, and sometimes fiduciaries — such as personal representatives or trustees — attend. Mediations can occur with everyone together in the same room, or the mediator may meet with each side separately in private sessions (“caucuses”).
Q. Is mediation confidential?
Yes. Mediation is confidential under Arizona law. Statements made during mediation cannot be used as evidence in court if the case does not settle. This confidentiality encourages honest discussions and creative problem-solving. They can also be in-person or virtual.
Q. What happens during mediation?
Each settlement conference or mediation is different. The mediator generally begins by explaining the process. Each side summarizes their position, either jointly or separately. The mediator then meets privately with each side to discuss strengths, weaknesses, and potential settlement terms. The mediator shuttles between private rooms until the parties reach an agreement — or determine that settlement is not possible that day.
Q. What happens if an agreement is reached?
If the parties reach an agreement, the terms are written down and signed or put on the record.
Q. What if we don’t reach an agreement?
If mediation is unsuccessful, the case goes back to the court for further proceedings, including discovery, motion practice, and ultimately trial. Even when a case doesn’t settle, mediation often narrows the issues and sets the stage for more productive negotiations later.
If you’re preparing for a probate or trust mediation in Arizona, having experienced guidance can make all the difference. Contact Berk Law Group to help protect your interests and navigate the process effectively.
