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Probate mediation tips to use in Delaware

On Behalf of | Apr 18, 2022 | Estates and Trusts Mediation

Estate planning is a tool that we use to pass on our assets to our loved ones or charities. It is done out of kindness and love, but unfortunately, it usually comes with disputes. If you are facing a contestation during the probate process regarding the property left behind, here are some tips you can use to resolve them through mediation.

Understand the issue at hand

To resolve a dispute effectively, you need to understand its full scope. What caused it, and how did it spiral to become as big as it is now? So, gather information about the disagreement, including witness statements, review the relevant documents, etc.

Also, think about what the other party wants. Estate and trust mediation basically involves coming down to a solution that the disagreeing parties can work with or live by. If you know what the other party wants, you can modify your approach to reach an amicable solution much quicker or even try to change their minds.

Communicate with the other party

Just because you are having a dispute with another party doesn’t mean they are your enemy. You need to communicate through a mediator or directly to understand each other. Listen carefully to what they have to say without prejudice to know why they are on the opposing side.

Remember to be respectful, calm, and avoid getting emotional. Focus on facts and try to find a solution that works for you both.

Set bargaining points

You need clear, concise, and great bargaining points to make the other party understand your arguments and your intended resolutions during mediation. Make good opening statements that are persuasive enough but not offensive. Your aim should be to make the opposing side think that you are nearing your bottom-line reserve when you are actually just above your target.

Mediation is an informal way to resolve estate and trust disputes. To make it formal, ensure to sign legally binding documents before a judge.