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
Faculty:
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