| It is a universal truth that one is never prepared for a | | | | order to work out a mutually satisfactory settlement |
| death in the family. No one is ready to say farewell to | | | | with the help of a neutral mediator. |
| a loved one, no matter how old the dying person is or | | | | Mediation in estate disputes has many of the benefits |
| how ill. However, death happens all the time, and the | | | | of mediation in other matters. It is less expensive and |
| surviving members of the family need to get together | | | | quicker than a litigation process, it is confidential and |
| a few days after the funeral, and read the will. | | | | sessions are held at times and locations convenient for |
| Some estate disputes arise because the deceased | | | | all parties involved. Surprisingly, disputes among |
| didn't deal with his or her assets during their lifetime. | | | | relatives are one of the most difficult to settle, |
| Sometimes the provisions of the Will are unclear, | | | | especially after the death of a parent or a sibling. |
| sometimes they do not meet the relatives' | | | | The biggest advantage of mediation in estate matters |
| expectations and in most cases disputes are made | | | | is that rather than just trying to decide who gets his |
| even worse by the fact that there have been | | | | hands on aunt Ann's house as a litigation process |
| emotions hidden, but brewing under the surface for a | | | | would, it tries to uncover first what is the motivation |
| long time. | | | | behind each party's position. In some cases, a sister is |
| When it comes to estates disputes it is not unusual for | | | | more interested in preventing her brother from having |
| sisters to fight against brothers and parents against | | | | it, even though she does not want it for herself. Once |
| children. Everybody is under stress and more often | | | | interests are established, it is far easier to reach a |
| than not old issues like sibling rivalry come to the | | | | mutually satisfactory resolution. |
| surface, parties start talking to each other only through | | | | In 5 % of the cases mediation will not be successful, |
| lawyers and the result is a litigation case. | | | | however, the very fact that all the interested parties |
| This is the reason the province of Onatrio has | | | | come together to bring up their issues and be listened |
| established mandatory mediation procedure for estate | | | | to reduces the tension. This opens the road to |
| matters. Estate mediation brings people with disputes | | | | arbitration and other more productive alternatives to |
| related to the administration of estates together in | | | | litigation. |