In Texas, the probate court has the authority to order alternative dispute resolution (ADR) between the parties before the case continues to trial. Although the court can order ADR, it cannot force the parties to agree outside the courtroom. Mediation is the most popular ADR method.
Mediation is a prevalent form of dispute resolution outside the courtroom in probate matters. In mediation, an impartial third party (a mediator) trained in settling disputes oversees a voluntary negotiation between the parties. Mediation is non-adjudicatory, meaning that the mediator makes no findings of fact or law, whether binding or non-binding.
Probate mediation naturally invokes the intricacies of probate law. If you are not represented and do not fully understand probate, you may unfortunately end up with the short end of the settlement.
Understanding the strength of your case and your ability to win in court gives you the leverage needed in mediation if the other party refuses to agree.
Our attorneys have over 20 years of expertise in negotiation, mediation, and litigation. Our team knows what it takes to effectively complete a mediation process. Our attorneys will keep you in the loop and develop a mediation strategy by explaining the procedure, how it works, and what to expect as the process unfolds. Mediation takes place in stages, and we can serve as your legal counsel throughout the entire process.
If you decide to hire a probate attorney, we would be happy to assist you. If you are probating an estate on your own considering hiring an attorney, we offer free initial consultations,, and can provide you with some help along your way.
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