The cost of mediating an estate is well below the cost of litigation and the process is infinitely faster.
The executor or the beneficiaries may feel it necessary to meet with a Mediator with familiarity with estate issues to bring to light any and all concerns with respect to the division and administration of the estate.
The executor or the beneficiaries may feel like they need a platform to state their disagreements and mediation is the most cost efficient way to do this.
Mediation is done on the agreement by all parties that any statements, offers or admissions made during the mediation are kept confidential among the parties. What happens in a mediation, stays in the mediation (unless the case is settled in which case the settlement agreement survives the mediation).
The mediator will meet with the entire group at which time all parties will be given an opportunity to give a brief rundown of concerns and impasses.
The parties may break out into their own groups in which case the mediator will meet individually with each group to discuss their strong points and any weaknesses they may have, though it is not the function of the mediator to give legal advice.
By the end of the mediation session (usually the better part of the day) all parties are usually aware of the strengths and weaknesses of their respective positions and are in a position to settle the dispute.
If the mediation results in a settlement, the parties usually draft a legal agreement to be signed by all parties binding each person involved to the agreement.
Mediation not only saves time money it also heals hearts and mend’s fences.
- All Parties will sign a mediation agreement.
- All parties will attend the mediation on the agreed upon date.
- The cost of the Mediation will be split between each party unless otherwise specified.
- The mediation will end will each party being heard and each party being provided with a legal opinion on the strengths and weaknesses of their position.
Book a Mediation
Call Anne Torrie at 905-528-8666 or via email.