Mediation

With mediation, estate beneficiaries agree to choose a neutral party to reach an agreement. Typically, this is a retired judge or experienced attorney. For the most part, mediation is much cheaper, faster and less stressful than using the courts. It offers more control over the process. Plus, unlike a courtroom verdict, mediation settlements cannot be appealed, which brings certainty and peace of mind.

Trust Law Partners provides in-depth mediation expertise. Our strong but neutral guidance will build a firm foundation to help everyone reach an agreement and receive their fair share of the estate.

Although many parties want their respective days in court, trials can be very stressful and costly. In reality almost all cases will settle at some time before trial commences. The California court system strongly encourages settlement through mediation. Judges will often suggest at status hearing the parties should attend mediation before an actual trial date is set. The realities are trials are unpredictable, expensive and subject to an appeal after the verdict is rendered causing even longer delays. Most parties have no idea how expensive it can be to hire experts to testify at depositions before trial, as well as attend the trials to testify. Every party and witness of significance is usually also subject to a deposition and all of these depositions are expensive to conduct. The subpoena of records from medical facilities, banks and other business entities are also items that add to the costs of trial. In short a trial is a risky, long and expensive. Although both sides of any trial strongly believe they have a good case, at the end one side is disappointed when they lose.

Mediation is an expedited process that is usually cheaper, quicker and gives the parties the power to craft a result they have some control over reaching. Some cases go to early mediation and avoid the costs associated with depositions and experts as the facts and circumstances are pretty obvious and the technical rules of trials are not an issue that would require these added expenses. Mediation is a process that allows parties to informally meet and discuss their issues freely with a neutral party whom desires to help reach a compromise and give closure. Although each case is different, usually most cases are settled during a mediation. Even if a mediation does not settle the matter, it often gives the parties much needed information about the case and the value a neutral party puts on each respective parties evidence and chances of success at a trial. In our opinion, a mediation is never a wasted opportunity for any case.