When an estate matter reaches a tipping point where no progress is being made, then the inclusion of estate mediation professionals is incredibly valuable.
Contesting a Will between an executor and the beneficiaries can be dragged out for months and years in the court system, growing the animosity and the costs in the process.
The good news is that there is an alternative solution at hand, giving participants a chance to discuss the issue in a safe environment.
Time to assess how clients can secure key benefits by hiring estate mediation professionals.
Having the Right People Involved
Often with cases that involve the dispute of a Will, there can be communication sent back and forth through intermediaries where constructive talks are avoided altogether. Such is the animosity and tension of the dispute that they don’t want to be in the same room as one and other. The involvement of estate mediation professionals however helps to ease those tensions by bringing the executor of the estate together with those parties who wish to contest the terms of the document. It might sound like a small token and not an overtly progressive step to take, but that coming together alone is why the exercise is so important.
Avoiding a Court Fight
Disputes that reach a courtroom are costly and fraught with added litigation threats that can only exacerbate the issue further. If the executor and the beneficiaries contesting the matter decide that investing in estate mediation professionals is the best course of action, they are already on their way to missing out on a hearing date in a courtroom. The stress and anxiety brought forward under those conditions rarely improve the situation for all parties involved, so this strategic decision is already a step in the right direction. There are some cases whereby a mediation process breaks down before a hearing in court is set, but a majority of cases won’t reach that juncture.
To say that there are conflicts of interest at play when a Will is in dispute is an understatement. From financial investments and possession of assets to items of sentimental value, the stakes can be high for those that are contesting the terms. Fortunately the inclusion of estate mediation professionals offers an impartial manager that places the emphasis on the collective good. How can everyone achieve their best result, what are the shared objectives, what concessions can be made and where can there be progress on the matter? These practitioners have no stake in the case and only want to achieve results on that listed criteria.
Expediting the Dispute
Whatever position an executor or beneficiary takes, everyone can be in agreement that a dispute over a Will is a process that should be as short as humanly possible. The less time spent contesting and negotiating over the matter, the better for all parties. Estate mediation professionals don’t work on the same sets of guidelines as lawyers do in a courtroom, giving them the capacity to push through documentation, find resolutions and strategies that are at their disposal. That is an attractive selling point for constituents who want to be able to move on with their lives and ensure that the issue does not consume them.
Devoid of any litigation, keeping the process 100% confidential and providing a voluntary setting where parties can progress or pull out at their discretion, the involvement of estate mediation professionals offers a safer environment. The alternative of operating through the court system is far more fraught with danger is this respect, providing on the record statements with hearings open to members of the public all without the opportunity to be removed once the proceedings are underway. For the mental and emotional health of the individuals, sitting down in these settings is the better alternative.