Litigation Alternatives

Litigation Alternatives

Losing a loved one can be emotionally taxing and extremely stressful. To intensify the situation, if the deceased’s estate is not handled or distributed in the manner expected, family members and friends can find themselves fighting against each other, which all too often leads to the demise of those once valued long-term relationships. Additionally, even years after a loved one has passed, family members and friends can find themselves in a dispute about how the estate or trust assets are being managed.

Litigation does not have to be the only option. Prevention and/or settlement are always options.

In the interest of maintaining those valued long-term relationships, attempts to resolve the trust or estate dispute informally and before litigation should be explored. Often disputes arise because a beneficiary feels he/she has not been provided with sufficient information regarding the trust. This lack of information – whether perceived or real – can lead to suspicion and mistrust. Providing information to a beneficiary can be a vital step towards informally resolving a dispute, which can ultimately save all involved a good deal of time and money.

Additionally, mediation can be a valuable alternative to litigation. Mediation can provide family members a confidential, cost-effective alternative to a long, public courtroom battle. Mediation also provides family members with a way to facilitate an open conversation to address key issues or a dispute, while also giving the participants the opportunity to heal broken relationships. At Galati Law, we focus on identifying each party’s key interests in a neutral setting designed to help them reach a mutually acceptable agreement. Our mediation skills are invaluable in helping us recognize common problems and facilitate an open conversation to address key issues.