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Sometimes estate litigation cannot be avoided, sometimes it can

On Behalf of | Jan 12, 2018 | Estate Litigation |

You are working on closing out a loved one’s estate when, BAM, a disgruntled relative or creditor files claims against the estate. Sometimes estate litigation in necessary to handle the situation. Sometimes, though, New Jersey residents can avoid litigation altogether. 

Did you know that rather than settling claims against an estate in court, you may be able to mediate the issue? It is true. There is such a thing as probate dispute mediation.

Why try mediation? Mediation can take less time than a trial, it can cost less and it can be a bit less stressful than going to court. All parties involved will meet in an informal, neutral setting and the meetings will be facilitated by an unbiased third-party. This type of environment allows each party to say what they need to and freely discuss what he or she wants to get out of the sessions.

Is mediation for everyone? No. Mediation requires all involved parties to be open to negotiation. Those who are unwilling to do this may be better off taking their issue to court.

If you have an estate litigation issue but you really do not want to fight things out in front of a New Jersey probate judge, mediation may be well worth considering. An experienced attorney can explain the process to you in further detail, which would allow you to make an informed decision as to whether it will best serve your needs. Further assistance can be provided if you choose to start the mediation process. To learn more about it and how an attorney can help you, you can visit out firm’s website.