When there is a dispute relating to the probate process after a person's death, the situation is likely to be complex from many standpoints. It is probable that the issues will not only be challenging to solve from a legal perspective, but they will be emotionally charged. This can lead to people involved in the dispute acting illogically or in favor of their emotions rather than what would be strategically favorable.
In addition to the emotional and legal factors to take into account, there is the added complication of financial limitation. Those involved in a probate dispute often have limited funds to invest in the cause, especially because the money invested will only diminish the amount that they are set to gain in regard to inheritance. Alternative dispute resolution (ADR) is a popular choice for those who want to solve the issues without costly and stressful litigation.
What is ADR?
ADR refers to any technique for resolving a legal dispute that does not involve a court case. It is particularly well-suited for emotionally charged issues because it helps maintain the integrity of relationships, offering a personal approach while continuing to enforce the law.
There are several types of ADR, but the most common are mediation and arbitration. Mediation tends to be best-suited for family law, while arbitration is very popular in employment. Probate issues can take advantage of either forms, depending on the situation.
Mediation is less formal than arbitration, and it reduces communication between parties. The outcomes of ADR are not legally binding, but the process seeks to find a solution that all parties can be satisfied.
How can ADR be effective in solving probate issues?
When all parties are open to the idea of reaching a compromise and retaining the integrity of their relationship, ADR can be a great alternative to litigation. A decision can be reached much faster, and it will be far less costly. It's a great choice when a probate dispute has arisen because of emotionally charged circumstances, and when parties want to move forward as quickly as possible.
If you want to avoid costly litigation when approaching a probate dispute, it is a good idea to fully consider ADR as a possible solution to your issues.