Mediation As An Option In---Or As An Alternative To---Litigation In Estate, Trust And Inheritance Disputes

          Estate, trust, and inheritance litigation can be a complex process.  Family members are often involved in these disputes, and they may have strong emotions and conflicting interests.  Resolving these “wealth wars” can be challenging, and traditional court proceedings may not always be the best solution.

          Mediation has become an increasingly popular alternative for resolving disputes in these and all types of litigated matters, and here are few reasons why:

1.     Mediation is cost-effective

          Traditional court proceedings can be very expensive.  Mediation is often a more cost-effective solution.  Mediation can be completed faster, and the cost is far lower than full-blown litigation.  By avoiding lengthy court battles, and the discovery process leading up to trial, costs can be kept to a relative minimum.

2.     Mediation is less adversarial

          Inheritance disputes are uniquely emotionally-charged.  Litigation itself is inherently stressful and adversarial, which can further exacerbate emotions.  Mediation is far less adversarial, and it allows parties to work together to find a resolution that meets everyone's needs.

          This less adversarial approach can help reduce tensions, ease the overall dispute resolution process, and result in a win-win solution.  However, mediation requires everyone working in good faith to find a solution, and if one or more parties do not share that aim or are not invested in the process, then mediation will probably fail.

3.     Mediation is confidential

          The court process is generally public, and court documents are often available to the public over the Internet.  However, mediation is confidential, and the details can be kept private.  This can be an important consideration for families who wish to keep their disputes, or assets, confidential.

4.     Mediation is flexible

          Mediation is flexible, and the process can be tailored to meet the specific needs of the parties.  This flexibility allows for more creativity in finding a solution that works for everyone.  Mediation also allows for more informal discussions, which can help parties communicate more freely and come to an agreement that works best for everyone.

5.     Mediation is faster

          The court system can be notoriously slow, and litigation can take many months or even years to conclude.  Mediation is generally faster, and can typically be scheduled and completed in a matter of weeks or months.  This expedited process can reduce the amount of time and stress involved in the dispute resolution process.

Matt House can be contacted by telephone at 501-372-6555, by e-mail at mhouse@jamesandhouse.com, by facsimile at 501-372-6333, or by regular mail at James, House, Swann & Downing, P.A., Post Office Box 3585, Little Rock, Arkansas 72203.