Mediation, with the help of a trained neutral, may allow families to settle probate disputes without a trial.
Mediation Services can help preserve Family Relationships
Lauren D. Bercik, Esq. is a N.J. Rule 1:40 trained mediator, who can act as a neutral for mediation of any probate dispute.
The mediation process is particularly useful when the claims are not only legal disputes but involve ongoing relationships among family members. Issues may arise over almost any asset in the estate.
As a collaborative process, mediation, is often a good fit for probate cases.
A Legal Mediator provides value by:
Helping you best use limited resources especially if the estate or disputed asset would be diminished by an expensive litigation and trial.
Navigating complex issues that cannot be decided by the court such as:
- Having a loved one declared an incapacitated person
- Succession planning
- A competent parent “gifting” money
- Assets that are viewed as unfair
- Generally unresolved conflict and family issues.
Unless the court chooses a mediator, the attorneys will often collaborate to find a mediator with the experience and demeanor that suit your case
Your Mediation Attorney Helps Resolve Complex Issues
Once a mediator is engaged, you can help assure that the process is a valuable one.
Important preparation for any mediation is knowing two important scenarios (1) Best Alternative to a Negotiated Agreement (BATNA), and (2) Worst Alternative to a Negotiated Agreement (WATNA).
Your attorney is the best resource to help you explore the likely range of possibilities if the matter is decided by the court, as well as what the costs may be in both time and resources if you decide to pursue litigation or trial.
It can be an emotional and draining experience
However, mediation provides a private setting for you to tell your story in your own words,
You get a chance to discuss your differences, and share views and opinions with one another in a way that cannot occur in a courtroom trial.
Even if you do not settle your case on the day of probate mediation, you will have gained insight about each side
Exploring these goals and expectations may lead to reaching a settlement through further negotiation.
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1161 Broad Street (Rt. 35 North)
Shrewsbury, NJ 07702
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This website is for general information purposes only and is not intended to constitute legal advice. Connection to this website, and communication to this law firm via email or other electronic transmission do not constitute an attorney-client relationship with Lauren Bercik Law unless a separate written agreement is signed by you and Lauren Bercik Law as to the nature of any relationship and the amount to be charged for the intended legal services.