By: David M. Frees III & Steve Lagoy

A benefit of mediation is that control of the resolution remains in the hands of the conflicting parties. Since mediators can only offer neutral suggestions based on the facts provided, and because those suggestions are non-binding, parties can opt whether or not to implement those recommendations.

The need for mediation generally arises when one of several things happen:

• a decedent fails to leave behind a will and eligible heirs are locked in a dispute over the division of assets;
• the will left by the decedent does not incorporate, cover, or include all of the assets in the decedent’s estate, and the division of those assets is being disputed; or
• a decedent’s will is being challenged.

In each of these cases, the complicating factor is that the will is either incomplete or is not being respected. In most cases, inheritance disputes are solved when all parties oblige themselves to respect the word of the decedent’s will, but in cases where the will lacks clarity on a certain issue, the executor is expected to make a standing determination that best meets the needs of the parties involved.

Another complicating factor surrounding a will dispute is the possibility of severing a bond with a beloved family member over assets of the estate. Losing family members brings emotional undercurrents to the surface and family members can act in ways they might normally not, or overlook factors they might normally embrace. Mediation makes room for resolution and that facilitates the healing of these important familial bonds.

Consult a Pennsylvania Mediator

We have a team of experienced mediators available to facilitate the resolution of estate disputes. Contact us at  – 1-610-692-1371.

References:

http://www.mediate.com/articles/gromala7.cfm

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