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Resolving Estate Issues Through Mediation


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Resolving Estate Issues Through Mediation

Author : Scott Corlew

Submitted : 2013-12-25 09:17:03    Word Count : 429    Popularity:   Not Rated

Tags:   Mississippi arbitration, Mississippi mediation, Mississippi arbitrator, Mississippi mediator, MS Elder law, MS mediation lawyer, MS Estate Dispute Mediation, MS Estate Planning, Wills And Trusts

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There is a recent spike in inheritance issues which is created by the baby boom generation. This spike is expected to continue until at least the middle of this century. For an expedited resolution, many families facing issues with the transfer of wealth are turning to mediation. Compared with other options, mediation offers less cost and hassle to the families involved. Aside from offering a proactive solution for the ambiguity that sometimes occurs in a will, mediation also helps in avoiding the unpleasantness of taking a family member to court. It makes it possible for families to live in harmony, even after a grandparent or parent passes by helping them reach a solution through a communication-based method to solve the concrete legal issues.

How does mediation help families looking for a less stressful, out-of-court way to settle estate issues?

1. By addressing intangible items and items without a clear monetary value.

Litigation divides the estate in a manner that honors the will of the testator by considering only its financial value. The emotional value of items in the estate is given little, if any, consideration. If families want to reach a resolution based on how they feel, as well as what is legal and what was intended by the testator, mediation provides the perfect opportunity for this.

2. By giving a voice to everyone in the family.

During the process, the members of the family meet with the mediator individually at first then as a group. This gives the mediator an opportunity to understand family dynamics as well as to determine what each party believes was the intention of the testator. Successful mediation is often based on creating an atmosphere that encourages open, honest communication, which is a very important part in this type of conflict resolution.

3. By creating a no-lose situation that can save families a great deal of money and heartache.

Because there is virtually nothing to lose, most experts recommend families to at least try mediation before heading to litigation. The family can still opt for litigation if the mediation sessions are unsuccessful and an agreement can't be reached. Any of the parties are free to proceed as they choose if they do not agree with the resolution or settlement being offered. As to the risk of statements during mediation being twisted in court, the discussions held during the process are legally private and confidential so none of them can be used in litigation.

Mediation offers a non-aggressive yet cost-effective way of resolving disputes and problems especially when nobody is sure of the testator's intentions.

Author's Resource Box

If you need assistance in resolving estate disputes, contact Scott Corlew at at 228-202-5176 or visit his website http://www.corlewlaw.com. Corlew is the founder of the Corlew Law Firm, which is a general practice firm that handles all types of domestic and family law, bankruptcy and wills and estates, and is currently licensed to practice law in all State and Federal courts in Mississippi.

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