What's New
(10/04/10)
Keith Seat
At the conclusion of a mediation among family members which resolved a dispute over a trust, each party signed a settlement stipulation, with the siblings’ attorney signing for a sibling who participated only by telephone. The absent sibling later stated that he did not agree to the settlement, and his attorney scratched out his name. The trial court concluded that the signature of the absent sibling’s attorney was consistent with and indicative of the sibling’s agreement, and his attorney would not have signed the stipulation without authority. On appeal, the Colorado appellate court affirmed the lower court, concluding that the litigation was a derivative action on behalf of the trust, so there did not need to be unanimity among the settling beneficiaries as long as the settlement was just and reasonable.
Saunders v. Muratori, No. 09CA1645 (Colo. App., August 19, 2010)
(9/09/08)
Keith Seat
Mediation can be very helpful to preserve relationships among heirs who get into squabbles when dividing estates left by their loved ones. While conflicts can be minimized through proactive steps to make decisions and provide clear final wishes on disposition before death, there are also numerous techniques ranging from blind drawings to drawing cards that can provide processes for allocating assets that seem fair to all involved.
Toledo Blade (July 6, 2008)
(3/05/08)
Keith Seat
A pilot program to evaluate mandatory mediation in South Carolina probate courts has been joined by 35 of South Carolina’s 46 counties. A report on the success and cost effectiveness of the mediation program will be submitted to the South Carolina Supreme Court next January. A probate judge in a county which hasn’t yet joined the program is leaning toward participation, due to the benefit of families being able privately to work out solutions to their concerns with the help of a neutral mediator, but is concerned about delays and costs that might result from adding a mediation step to the process (even though those are often the very attributes of mediation that generate enthusiasm).
South Carolina Now (February 23, 2008)
Mediating a Key Estate Settlement Issue - Dividing Personal Property (3/31/03)
Rikk Larsen Mediation with its “structural requirement” that parties focus on and value the dynamics of their relationships and interests before grabbing at specific options can be a powerful process tool for families struggling with difficult personal property distribution issues.
Mediation in Estate Planning: A Strategy for Everyone’s Benefit (11/04/02)
John Gromala, David Gage How much better would this world be if
we all believed that most disputes could
be avoided? Mediation is offered as a
tool to reach agreement, but the hard
work of mediating a dispute requires a
knowledgeable, experienced professional.
These authors offer observations and
strategies based on their expertise and
successes in the field.
Mediation in Today's Estate Settlement World (9/30/02)
Rikk Larsen The estate settlement process has many areas of potential conflict that
mediation can often handle far more effectively than ad hoc family
negotiations and traditional legal proceedings. Why is mediation effective
in this complex emotional field and what can we do to promote its use more
broadly.
Mediation of Guardianship and Elder Law Cases (11/12/01)
Robert Grey Mediation provides an ideal opportunity for the parties to air their differences, feelings, opinions, perceived slights, etc., giving the parties the opportunity to hear, consider and respond to each others’ perspectives and possibly change their own position accordingly. This could result in a measurable reduction in the inefficient use of court resources.
Estate Planning and Family Business Mediation (9/17/01)
Laura Bachle Unlike J.R. Ewing in Dallas, controversy arises among families and business owners more often as a result of misunderstanding than malevolent motives. When people get beyond the resistance and begin working together on an estate plan MOU or partnership charter, they discover that openly dealing with issues lessens the likelihood of misperception, builds trust and confidence, and improves their chances for long-term success.
Trustee - Beneficiary Mediation (1/10/01)
John A. Gromala & David F. Gage Mediators can provide a critical service to both trustees and beneficiaries. Being independent, with no stake in the outcome, they can meet with the parties together and separately to help them focus on a search for a solution that meets the needs of all.
