A dispute among beneficiaries and the trustee of a family trust is difficult because it involves blood ties and betrayal. When there’s enough at stake lawyers get involved. Some attorneys steer their clients down the garden path of litigation – which takes ages. The wheels of justice move at a snail’s pace and cases may take years to resolve. Not to mention court battles are costly, public, and unpredictable.
Good modern legal advocacy involves giving the client strategic options. These days the slow and arduous path of litigation can be avoided. A skilled advocate with strong facts can generally steer the would-be defendant into mediation rather than dragging them through litigation.
Mediation is a form of alternative dispute resolution. It’s been around since ancient Greece and has a growing place in modern disputes. The parties, either with or without attorneys, sit down and seek to resolve the dispute with the assistance of an independent mediator. The process can be either face-to-face or the parties can be in separate rooms with the mediator shuttling between. The mediator should have knowledge of the law of trusts and an appreciation of the cost and burden of litigation. A mediator with these qualities can often convince the parties that an out of court settlement is the answer.
If you have a family trust dispute 1SourceLaw.com recommends that you consider mediation as an alternative to a judicial system that operates with the speed of a snail.
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