Probate Mediation

Should I mediate or litigate?

Probate cases, like family law cases, are ideally suited for mediation because the continuing relationships inherent in any family situation can suffer dramatically in the legal rights-oriented maneuvering of litigation. However, the familial relationships can be preserved and even enhanced by the cooperative problem-solving approach of mediation.

Most litigation in probate cases is not so much about the assets involved, as it is about the emotions attached to those assets. It is not unusual for siblings to spend thousands of dollars litigating over Grandmas fifty-dollar quilt. It is also not unusual for family members who were formerly close to never speak again after bitter probate litigation.

Mediation is well suited to airing and acknowledging the complicated emotional issues that often underlie and can prevent settlement of these cases and developing flexible solutions to accommodate the parties' varying interests.

Over the past twenty years, David L. Hodges presided over hundreds of contested probate and guardianship matters. His experience can be invaluable in helping the parties understand what is likely to occur in the courtroom, and in facilitating a resolution of the legal and emotional issues.