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Click here to view
Hull Estate Mediation TV,
with Tina Srebotnjak. |
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There are several advantages to resolving disputes through the estate mediation process. |
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Maintains confidentiality and control. The court process is a public process, with all
estate information and issues open to public scrutiny. Litigants also have very little
control over the steps involved, or the outcome. In contrast, mediation is a voluntary,
private dispute-resolution process. Estate matters remain confidential, and you can opt
in or out of mediation at any time.
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Can resolve disputes quickly. A typical estate litigation claim usually takes five years
or more to resolve through the courts – with estate assets tied up until there is certainty
as to their distribution. Mediation can resolve disputes in a matter of weeks.
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Preserves estate assets. The costs of estate litigation are usually borne by the estate.
Legal costs can easily exceed $100,000 for cases that go to trial. A successful mediation
process can be undertaking at a fraction of the cost, leaving more estate assets to
beneficiaries.
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Avoids additional discord. Mediation can’t prevent bad feelings, but it can avoid the
additional discord that can rip families apart during the extended litigation process.
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Remember – the mediation process is non-binding, meaning parties are free to leave mediation at any time. If a dispute can’t be resolved through mediation, parties still maintain the right to litigate their dispute through the courts at a later date.
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