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Estate Planning & Probate Specialists

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Mediation in probate litigation

Like other types of court cases, a Texas court can, either at the suggestion of one of the parties involved or on its own, order those who are engaged in probate litigation to go through mediation. Although mediation is not appropriate for every case, it does often help families who are fighting over a will or trust come to some resolution and healing without having to undergo the time and expense of a trial.

Like all other types of mediation, the process is confidential, which means a Houston resident does not have to worry about saying something during mediation that might be used against him or her at trial. Being somewhat more informal than court, mediation also gives everyone a chance to discuss the case frankly and try to find a possible solution that leaves everyone at least reasonably happy.

There some special challenges when it comes to using mediation in a probate case. For one, there are some special procedural rules in probate cases which not every attorney, even experienced litigators, will be aware of. This ignorance could mean that an attorney has a much more optimistic outlook on a case than he or she really should have.

Perhaps more importantly, probate disputes are a lot like family law cases in that they involve a lot of emotional baggage and pent up personality conflicts. This means that people are more likely to avoid trying to settle a case, even if being an offered a good deal, if only for the sake of not giving in to the other person.

Mediation is one tool among many that can be used to solve a probate dispute in a cost-effective and efficient manner. While not right for every case, Houston residents who are entangled in a probate issue may want to discuss mediation with a qualified probate litigation attorney.