California ‘Breslin’ Probate Decision Allows Trial Courts to Compel Trust Beneficiary Mediation
The California Breslin v. Breslin decision gives California probate courts newly expanded authority to compel beneficiaries—including charities—to mediate or potentially forfeit their interests in a disputed trust.
Court May Compel Mediation of California Trust Disputes
Trust and estate litigators, and mediators, are buzzing over a recent decision from the California Court of Appeal that validates mandatory mediation of trust disputes.
Fiduciary Law: Five Tips for Litigation in the Time of COVID
Over the last nine months, the lawyers in the Trust & Estate Litigation group have participated in all manner of remote litigation proceedings. We’ve been involved in multiple mediations, depositions, and court hearings. Below are a few of our takeaways and tips from this ongoing experiment in remote litigation.
How to resolve legal issues within the family
If you have legal issues that are causing family conflicts, it is best to find ways to resolve it right away. Below are some ways on how you can resolve legal issues within the family.
The Future of Mediation in Trusts and Estates
In this Trusts and Estates law column, C. Raymond Radigan and Lisa Fenech discuss a new mediation initiative that is helping to resolve the logjam within the courts. Practitioners should be aware of this plan, and the ways it may help their clients resolve family disputes in a more efficient manner.
Mediation’s role in elder law issues
When adult children disagree on the best course of action regarding ailing parents, disputes dating back to childhood can resurface.
The Real Cost Of Refusing To Mediate
Here Peter Brewer, a solicitor and partner in the national firm of Clarke Willmott LLP, based in the Commercial and Private Client Litigation team in Birmingham, looks at the recent dispute between step-sisters Deborah Cutler and Anna Winter over their parents’ estate.
How Mediation Can Spare Families from Costly Litigation Over Estates.
We think the lesson is plain — when estate planning or family business attorneys detect disputes brewing between family members over an estate or family business, there is a small window of opportunity for the attorneys to suggest mediation to their clients to spare them from costly and destructive litigation.
How Mediators Can Add Value to the Estate Planning Process
Mediators can add substantial value to the estate planning process by helping estate planning lawyers prevent or resolve such disputes while mitigating attendant ethical concerns and professional risks.
UK: Alternative Dispute Resolution Methods to Resolve Trust Disputes
The lack of privacy in court proceedings, and the fact that they will always carry a degree of uncertainty, is prompting high net worth individuals to seek alternative ways of resolving disputes over high value trusts.
Elder Mediation Can Bring Families Back Together
What must a family do when they are facing such an impasse and the breakdown of relationships with each other? At this point it may be best to call on a neutral party to come in, repair the damage and help them make the right decisions.
How to fight age discrimination in the workplace
Seniors in the workplace may have to deal with age discrimination from younger co-workers. Jim Miller breaks down what seniors can do to fight age discrimination in this week's Savvy Senior.
PBGC makes mediation program permanent, including fiduciary breach cases
A pilot PBGC mediation program was made permanent and expanded to include fiduciary breach cases, the Pension Benefit Guaranty Corp. said Thursday.
Mediation as an Alternative to Estate Litigation
Lawyers can educe the court workload while providing voices to the parties’ positions without jeopardizing settlement positions.
Can elder mediation prevent abuse?
Mediation can help resolve family conflict before it escalates to elder abuse, a conference will hear, but only if it is part of a wider approach to early intervention and support.
For Life's Family Disputes, Mediation Could Help
Family mediation can possibly help your family overcome a conflict. What mediation does differently is attempt to solve disagreements in two or three sessions, which can be cost effective -- if the situation fits.
What Can Advisors Do When Family Disputes Threaten Client Wealth?
Expensive lawsuits or standoffs that damage businesses the family is arguing about can threaten the very work you’ve done over time. You’ve tried to preserve wealth and keep families on track. They can ruin your best efforts.
Marin County fine tunes mediation law to encourage cities to follow
With several Marin cities and towns considering adopting a mandatory mediation law similar to the county’s, supervisors this week moved to fine-tune the ordinance.
Resolving California Trust and Estate Disputes – A Mediator’s Perspective
Many California trust and estate disputes are resolved by mediation instead of a final adjudication in the Superior Court. Mediation can offer a custom-crafted resolution to a case that avoids the stress, expense and unpredictability of a trial.
State grant-in-aid supports mediations, family meetings for seniors
The Ku?ikahi and West Hawaii mediation centers are receiving state grant-in-aid funds to support mediations and facilitated family meetings for seniors ages 60 and older.
Can senior-run mediation sessions change attitudes towards domestic abuse in Senegal?
We tried to merge the cultural way of solving your problems with an old person in the village who is wise and the parliamentary system into what is now the MJ.
Elder abuse mediation could be based on child custody model, legal group says
The family law mediation model has an 80% success rate, National Legal Aid chairman says.
Conciliation, mediation help resolve parent maintenance cases
Before going to court, parents who file maintenance applications will have to attend mediation before their case is heard by the Tribunal. Last year, mediators resolved half of the maintenance applications filed, an increase from 39 per cent in 2013.
Battling it out when it comes to aging parent's care? Elder mediation might help
Elder mediation is a growing field. Specially trained mediators work with adult siblings and seniors to address family conflict and challenges around shared decision-making and communication.
Squabbles Over the Family Summer Home? Don’t Hire a Lawyer Just Yet
Enter transformative mediation, an ambitious but often lengthy process with a single goal: to get the people involved to think differently. If siblings are successful in changing their thoughts about each other, practitioners say, the present conflict will be resolved and the relationships that the siblings have with each other will be altered.
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