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3 reasons to try mediation to resolve probate disputes

When a loved one dies, it not only brings grief, but also complicated estate administration. The more current and thorough the deceased's estate plans, the smoother the process will go.

However, problems may arise in the form of will contests, executor error or beneficiary disputes. You may rush to the courtroom to take care of these matters, but you should consider choosing mediation instead to obtain the following benefits.

1. You determine the agreement

Any time you take legal matters to court, you put the fate of your future into the hands of a judge or jury. You do not have control over the outcome. The best you can do is present your case in such a way that influences a favorable decision, but there is no guarantee.

With mediation, however, you and the other party work together to reach a solution that satisfies everyone. This method gives you more control.

2. The process is less stressful

The mediator helps you and the other party communicate in a safe environment that fosters cooperation, civility and creativity. Instead of attacking, intimidating or manipulating one another as you might in court, you each get a chance to share your thoughts and feelings and discuss them. You are more likely to get to the heart of the issue and find an appropriate resolution you both agree on.

3. Mediation is shorter and less expensive

No one wants to spend all their time and money on legal battles unless absolutely necessary. Mediation offers you another way to take action without breaking the bank or wearing yourself out. Mediation's cooperative approach leads to faster results and lower legal fees, as you do not have to wait for court date after court date and retain an attorney for years.

Mediation may not work in all situations, but it may be worth trying before going straight to litigation.

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Thomas N. Torzewski, LLC

Torzewski & McInerney, LLC
60 Washington St
Suite 104
Morristown, NJ 07960

Phone: 973-532-2868
Fax: 973-359-0077
Morristown Office Location