CLE Program

Mediating Probate, Trust and Fiduciary Disputes


Date: Tuesday, April 30, 2019
Time: 1:00 p.m. - 3:00 p.m.
Runtime: 2:00h

Program Code:


Program Options:

Watch On Demand

The MBA offers, upon request, Certificates of Attendance to individuals who attend real-time webcasts. Certificates are not available for participation in recorded MBA On Demand programs.


MBA Paralegals : $0.00
MBA Law Student : $0.00
MBA Member : $0.00
MBA New Admittee : $0.00
Non-member : $80.00
Register On Demand

Will contests, breach of fiduciary duty claims, petitions to partition, and objections to accounts are among the most acrimonious cases. When emotions run high and decades of family baggage suffuse legal claims, it may seem like a trial is the only end game. However, because many family disputes involve much more than money, probate disputes are particularly well-suited to mediation.

This program will provide strategies for using mediation to resolve probate, trust and fiduciary disputes. Participants will gain a better understanding of the substantive law involved, as well as the emotional and psychological barriers litigants face in “family feuds.”

Topics include:

  • When to mediate
  • Particular challenges of settling probate disputes
  • When to address, and when to minimize, emotional dynamics
  • How mediators can help adjust expectations
  • Addressing power imbalances in mediation
  • The role of the lawyer: zealous advocate, enabler of unrealistic expectations or objective collaborator? 
  • Substantive components of the settlement agreement
  • When to involve the courts in finalizing settlements


Patricia L. Davidson, Esq., Program Chair
Mirick, O'Connell, DeMallie & Lougee LLP, Worcester
Kevin G. Diamond, Esq., Panelist
Rico, Murphy, Diamond & Bean LLP, Natick
Jeff Fraser, Esq., Panelist
The Mediation Group, Brookline
Brian R. Jerome, Esq., Panelist
Massachusetts Dispute Resolution Services, Boston and Salem

Sponsoring Sections:

Probate Law Section
Dispute Resolution Section

NOTE: This is a previously recorded MBA On Demand product.
When you register, you will receive a link via email to the previously recorded MBA On Demand program and its ePublication. Your member profile will also contain a permanent link to the MBA On Demand version of the program.

System Requirements
Read the On Demand system requirements and view an On Demand product demonstration. If you have questions regarding On Demand products or how to use the software, contact Senior Programs Manager Marc A. D'Antonio, Esq. at (617) 338-0646 or email Marc.

Read System Requirements  Watch On Demand Demonstration

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