An Alternative to Litigation?
- While no Colorado statute mandates mediation in probate cases (either in decedent’s estates or in protective proceedings), mediation can be especially useful given the significant emotional and family-relationship-based issues, and the “forever” relationship of kin. . . .
- Probate disputes can be difficult, time consuming, resource intensive, and highly emotional, often stemming from high conflict familial relationships, or unexpected disposition or distribution of a decedent’s property. Courts are also called upon to resolve disputes related to the administration of an estate or trust, or disputes of guardianship or conservatorship, with sometimes sharply inconsistent party, non-party, and fiduciary needs or desires. Well-timed, insightful, best-interest mediation by a probate specialist can actually begin a healing process in a fractured family, and can provide highly customized and creative (even quirky) resolutions in contrast to the more constrained and traditional range of judicial rulings. The right mediator can also ensure all-necessary-stakeholders involvement, and be an early warning system for any competency breakdowns.
A Professional’s Guide to Colorado Court-Ordered Mediation, Joint Publication of Colorado State Court Administrator’s Office, Office of Dispute Resolution, and Colorado Judicial Institute (2018).
Self-Determination
Cost-Effective Resolution
Cost-Effective Resolution
Mediation is an agreement-reaching process in which the mediator assists participants to reach agreement in a confidential, collaborative, consensual and informed manner. The mediator has no power to decide disputed issues for the participants. The mediator’s purpose is to facilitate the participants in reaching the most constructive and fair agreement that resolves issues the parties have consensually included within the scope of the mediation.
Cost-Effective Resolution
Cost-Effective Resolution
Cost-Effective Resolution
Adversarial proceedings in estate and probate litigation are inherently expensive and time consuming, often highly emotional, and can be destructive of familial relationships. Mediation makes it possible for a family to cost-effectively create their own resolutions of some or all of the disputed issues, and thereby protect both estate assets and family relations.
Impartial Mediator
Cost-Effective Resolution
Impartial Mediator
The mediator has an obligation to remain impartial throughout the mediation process, and cannot render individual legal advice to any party. Regardless of whether a party is represented by counsel or appears pro se, each party is encouraged to secure independent legal advice throughout the mediation process, and is strongly advised to obtain independent legal review of any mediated agreements before signing such agreements