5 Situations Where Estate Mediation Makes Sense

Involving more than money, estate disputes can be time-consuming and emotionally charged. In Florida estate litigation, mediation is commonly used as a way to resolve disputes efficiently.

In Florida parties are routinely required to attend mediation prior to going to trial.

#1 Family Conflicts Fueled by Emotion

When disputes stem from hurt feelings, sibling rivalry, or long-standing family tension, mediation can be especially effective. For example, a child may feel excluded from a will despite no clear legal grounds to contest it. Mediation allows the parties to be heard and explore creative solutions, such as adjusted distributions, without the risk and cost of litigation.

#2 Will or Trust Contests with Evidentiary Uncertainty

Cases involving allegations of undue influence or lack of capacity often rely on circumstantial evidence and witness testimony. Outcomes can be unpredictable. Mediation allows both sides to weigh the risks of trial and reach a compromise rather than leaving the decision entirely to a judge.

#3 Disputes Involving Multiple Beneficiaries

When an estate has several beneficiaries with competing interests, mediation can help align expectations and prevent prolonged litigation that drains estate assets. For example, disagreements over asset valuation, property sales, or distribution timelines are often resolved in mediation. Yet the process is less useful if one beneficiary controls critical information or assets and refuses transparency, making court intervention necessary.

#4 Allegations Against a Personal Representative or Trustee

Claims that a personal representative or trustee breached fiduciary duties (such as mismanagement or self-dealing) can sometimes be resolved through mediation by addressing accounting concerns or agreeing to a resignation and replacement. This can preserve estate value while avoiding the cost of removal proceedings.

#5 Cases Where Preserving Privacy and Relationships Matters

Estate litigation is public, but mediation is confidential. For families who want to avoid airing disputes in court or hope to maintain some level of relationship after the case concludes, mediation offers a more controlled and private environment. Mediation is not a good option if a binding legal precedent or authoritative interpretation of a will or trust is needed.

A powerful tool in estate litigation, mediation is not a one-size-fits-all solution. An experienced Pompano Beach estate litigation lawyer can evaluate whether mediation is likely to lead to a fair resolution or whether court intervention is necessary to protect your rights and the integrity of the estate.

Will mediation work for your situation? Share where you are today and where you want to be in the future with the estate attorneys at Mark R. Manceri, P.A. Reach out to schedule a confidential consultation.