Who uses mediation to solve trust disputes in Pennsylvania?
By: David M. Frees III & Steve Lagoy An estate dispute can break out when the inheritors of a given decedent are unable to agree on the distribution of assets in the decedent’s estate. This can happen because there was no will, the will is being challenged, or the will did not incorporate …
What is mediation of a Pennsylvania trust or estate dispute?
By: David M. Frees III & Steve Lagoy It’s no secret that the next few years will see a flurry of complex trust and estate disputes in Pennsylvania and throughout the country. As estates become larger and more complex, and as more and more people try to plan their own estates with do-it-yourself …
Can we use mediation to avoid suing an executor in Pennsylvania?
Mediation can and has been effectively used to avoid suing an executor who breached his or her responsibility to a decedent’s estate in Pennsylvania. You may benefit by discussing the details of your situation with a mediation attorney.
How Small Business Mediation can Help Your Company in Malvern, Pennsylvania
By: Steve Lagoy When a small business faces conflicts or disputes with employees, clients, vendors or other businesses, they are often difficult to resolve. Small businesses typically lack the legal, public relations and human resources departments necessary to handle a major conflict. When this occurs, many turn to small business mediation, a type …
When to Use Small Business Mediation in West Chester, Pennsylvania
By: Steve Lagoy Mediation can be a great choice for small businesses looking to resolve a conflict quickly and quietly. Whether it is a dispute or disagreement within the company itself, or an issue with another business government entity, vendor, or client, small business mediation aims to provide an agreeable solution for both parties …
What to expect from the Mediator
By: Donald C. Turner What should one expect from the mediator? To start the mediator should provide a mediation agreement that sets forth, at a minimum, the procedures for the mediation, the fees involved, and the confidential nature of the mediation. Once the mediation commences the mediator’s tasks are to (1)create a favorable condition for …
5 Essential Steps to a Successful Mediation
By: Donald C. Turner Clients often ask what it takes for a mediation to be successful, i.e., result in a final resolution of the dispute between the parties. Based on my experience there are 5 steps which are essential to a successful mediation. Those 5 steps are: (1) pick the right time to mediate, …
Willingness to Compromise a Must in Mediation
By: Donald C. Turner A mediation is an exercise in compromise resolution. In my all years of experience as both a mediator and as counsel to a party to a mediation I have yet to see a mediation where one party achieved everything it had originally demanded and the other party totally capitulated. Though …
Settlement Authority is a Prerequisite to a Successful Mediation
By: Donald C. Turner In order to maximize the possibility that a mediation will be successful the mediator needs to assure that all parties come to the mediation with the authority necessary to resolve the dispute. However with institutional parties, such as insurance companies, the representative will often have only limited authority to settle. …
Set Aside Adequate Time to Mediate
By: Donald C. Turner If a mediation is to result in the final resolution of a dispute the parties need to understand that it may take significant time to achieve such an outcome. This is so because the mediation will first require that time be spent on permitting each party to state its position …