Mediation

Mediation can be a way to resolve trust disputes without going to court. It's a voluntary, confidential process that involves a neutral third party, called a mediator, who helps the opposing parties negotiate a mutually acceptable resolution:

• Neutral environment
  The mediator meets with the parties in a neutral location, such as a conference room at a law firm, to create a safe space for open discussion.

• Ground rules
  The mediator explains the mediation process and confirms that everything said is confidential and can't be used in court.

• Separate meetings
  The parties may meet with the mediator individually, taking turns making offers and counteroffers.

• Open dialogue
  Mediation can help parties shed light on the issues driving the dispute and consider more solutions than they might in court.

• Compromise
  Parties should be prepared to compromise, as settlements rarely involve one party getting everything they want.

Mediation can be an important part of alternative dispute resolution (ADR) for trust disputes, which can be complex and damage family relationships. Probate court judges often order parties to attend mediation.