Interesting interview in the Wall Street Journal with William Zabel, a prominent trust and estate lawyer, who has been practicing
law—and mediating estate disputes—for more than 50 years.
"My advice is that there is hardly any downside to trying to mediate
before you litigate. There may be a roadblock that can't be solved by
mediation or litigation because it involves such deep psychological
differences or resentments, or some ancient sibling rivalry. Maybe
mediation is tougher in estate disputes than in divorce cases because it
is all or nothing: You can't give half a Persian rug to somebody,
whereas in a divorce, you are often mediating over dollars, which can be
divided up.
But in general, the lasting anger and bitterness of litigation doesn't seem to occur when matters are settled by mediation."
Read the article.
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