At the conclusion of a mediation among family members which resolved a dispute over a trust, each party signed a settlement stipulation, with the siblings’ attorney signing for a sibling who participated only by telephone. The absent sibling later stated that he did not agree to the settlement, and his attorney scratched out his name. The trial court concluded that the signature of the absent sibling’s attorney was consistent with and indicative of the sibling’s agreement, and his attorney would not have signed the stipulation without authority. On appeal, the Colorado appellate court affirmed the lower court, concluding that the litigation was a derivative action on behalf of the trust, so there did not need to be unanimity among the settling beneficiaries as long as the settlement was just and reasonable.

Saunders v. Muratori, No. 09CA1645 (Colo. App., August 19, 2010)

Mediation can be very helpful to preserve relationships among heirs who get into squabbles when dividing estates left by their loved ones. While conflicts can be minimized through proactive steps to make decisions and provide clear final wishes on disposition before death, there are also numerous techniques ranging from blind drawings to drawing cards that can provide processes for allocating assets that seem fair to all involved.

Toledo Blade (July 6, 2008)

A pilot program to evaluate mandatory mediation in South Carolina probate courts has been joined by 35 of South Carolina’s 46 counties. A report on the success and cost effectiveness of the mediation program will be submitted to the South Carolina Supreme Court next January. A probate judge in a county which hasn’t yet joined the program is leaning toward participation, due to the benefit of families being able privately to work out solutions to their concerns with the help of a neutral mediator, but is concerned about delays and costs that might result from adding a mediation step to the process (even though those are often the very attributes of mediation that generate enthusiasm).

South Carolina Now (February 23, 2008)