What Types of Cases Go to Mediation? (Probate and Guardianship Cases Explained)
The discussion focuses on two primary areas:
- Probate and Estate Litigation: This includes cases that have already been filed in court, as well as pre-litigation disputes that families hope to settle early.
- Guardianship: While certain issues in guardianship are open to mediation, it is important to remember that legal incapacity must always be decided by a court. Furthermore, any settlement agreement reached during mediation must receive final approval from the court.
Whether you are currently facing a legal challenge or simply want to be prepared for the future, this video provides essential insights into how mediation can work for you. Click the link above to watch the full explanation and learn more about navigating these complex legal waters with confidence.
Video Transcript
So currently, there are two types of cases that I most frequently mediate. The first type is probate or estate litigation. And sometimes that’s—usually, it’s where a case has already been filed, but occasionally, it is pre-litigation. The other type of case is guardianship, and there are certain issues in guardianships that are subject to being mediated. However, incapacity has to be decided by the court, and also the court must approve any mediated settlement agreement in a guardianship.
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