How Does Probate Mediation Work in Tampa?
Although most people picture courtrooms and judges whenever they think about legal matters, most disputes today are settled during private negotiations. Also known as “alternative dispute resolution” (ADR), these negotiations can take various forms. One example is mediation, and this process can occur during divorce, lawsuits, and probate. How exactly does probate mediation in Tampa work? Is it the right choice for you and your family?
Probate Mediation Helps Resolve Disputes
Probate mediation is an alternative to litigation. During the probate process, various disputes may arise. Instead of going to court, relevant parties (including beneficiaries) can settle these matters in private. This is often more affordable and less time-consuming than a courtroom trial.
Families should also know that mediation is inherently less adversarial compared to litigation. While a trial creates a “me vs. you” mentality, mediation encourages cooperation, compromise, and mutual understanding. This could limit lasting bitterness and resentment that has become so common in probate cases.
Mediation Is a Voluntary Process
Even though mediation offers many clear advantages, it has its limitations. First, mediation is a voluntary process – meaning that all parties must consent to participate. If one party (perhaps a bitter beneficiary) insists on going to court, the other parties have no choice but to follow suit. Courts in Florida may order parties to attempt probate mediation, but it is impossible to “order” families to successfully settle their disputes outside of court.
What Does Successful Probate Mediation Look Like?
A successful probate mediation ends with some kind of agreement. These private agreements become legally binding if approved by the court. For example, beneficiaries might agree to allow a sibling to receive an equal share of the family estate after the death of their father – even if the sibling was not named in a Will. The sibling may have a strong argument that the father simply forgot to include them in the Will or trust – and it may be in everyone’s best interests to settle this dispute without going to court.
What Does a Probate Mediator Do?
A mediator is a neutral third party. These people act like “referees” during negotiations, and they attempt to guide parties toward agreements. A mediator is supposed to act in a completely unbiased manner without giving preferential treatment to any specific party. That being said, mediators can only make recommendations. Parties are free to reject these recommendations at the end of negotiations – although mediators often suggest fair outcomes that serve everyone’s best interests.
Can a Tampa Probate Lawyer in Tampa Help with Mediation?
A probate lawyer in Tampa may be able to guide you through the process of mediation. That being said, some lawyers have more experience with mediation than others. If you’d like to discuss this possibility in more detail, consider a consultation with Knudsen Law, a law firm with locations in Seminole and Tampa. Over the years, we have assisted many people with probate mediation – including numerous families across the New Port Richey area. To continue this conversation in more detail, schedule a consultation with us today.
Sources:
flcourts.gov/Resources-Services/Alternative-Dispute-Resolution/Mediation-in-Florida
flcourts.gov/content/download/536015/file/probatemediation-rules-announcement.pdf
