Document Type
Article
Abstract
Mediation is the ADR process by which a neutral third party works with disputants to reach a mutually agreeable resolution. Mediation is arguably the oldest and most popular ADR technique in use today. Part I of this essay discusses the commonly accepted advantages of mediation as an alternative to litigation, and, in some instances, questions whether those advantages become disadvantages in the context of probate, trust, and guardianship cases. Part II examines the use of mediation as a component of the actual estate planning process rather than as an alternative to litigation.
Recommended Citation
Mary F. Radford,
Advantages and Disadvantages of Mediation in Probate, Trust, and Guardianship Matters ,
1 Pepp. Disp. Resol. L.J.
Iss. 2
(2001)
Available at:
https://digitalcommons.pepperdine.edu/drlj/vol1/iss2/4
Included in
Dispute Resolution and Arbitration Commons, Estates and Trusts Commons, Family Law Commons, Law and Society Commons, Legal Profession Commons, Litigation Commons, Other Law Commons