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What is mediation?… and can it help settle my probate dispute? Part 2

mediation meetingIf you’re involved in a probate dispute, there’s a possibility that mediation will come up as an option for settling the case. In Part 1 of this article, we defined mediation and discussed how the process works. In this article, we’ll explain why hiring a competent estate litigation attorney is essential, even if your case is headed to mediation.

Because a mediator doesn’t have the authority to force anyone to settle, sometimes the law isn’t the determining factor in a mediation in the same way it is in court proceedings. The parties in a mediation can request and agreed upon terms that would never be imposed as a judgment in court, no matter who wins the case. This means that your rights can be trampled on in mediation.  The mediator may not do anything to stop that from happening.  Indeed, the mediator does not represent any of the parties and typically will not provide legal advice to the parties.

Representation by a probate dispute attorney is even more important when one side has more power or money than the other. When money is running short, it can be too easy to accept an unfair settlement, and the mediator may not stop an unfair settlement from being accepted.

During a probate case mediation, you need an experienced probate dispute attorney in your corner to ensure that your rights are protected. With the right representation, probate mediation can help you reach a satisfying result in your probate dispute. And if mediation doesn’t produce a settlement you can live with, your attorney will be ready to take your case to court, where a judge can force the other side to honor your rights.

If you’re involved in a probate dispute, you would be well-advised to seek the counsel of an experienced, aggressive attorney who will make sure that your rights aren’t ignored.  The probate attorneys at Berk Law Group, P.C. are strong negotiators that can assist you in evaluating your rights and claims and attempt to negotiate a settlement with which you feel comfortable.  If not, our attorneys are tough advocates that will be ready, willing and able to present your case in Court.