Mediation and ADR in Trust and Estate Litigation
While the attorneys of Ridgway and Gafken are thoroughly familiar with the demands of litigation, we also work extensively with alternative dispute resolution (ADR) techniques such as mediation and arbitration. Our experience with ADR has helped many clients find cost-effective solutions to trust and estate litigation problems.
Many of our clients are especially interested in facilitated mediation as an alternative to trial. Essentially a formalized settlement process, mediation involves the selection of a neutral mediator to facilitate negotiations between the parties to a dispute.
The mediator cannot force a settlement or issue binding decisions. Instead, he or she helps the parties establish acceptable ranges for compromise and reach a settlement. If the parties cannot settle their dispute through mediation, then they may advance to arbitration or trial.
The Trust and Estate Dispute Resolution Act (TEDRA) promotes mediation of cases. As a result, much trust and estate litigation in Washington is resolved through mediation. Our clients have achieved consistent success in TEDRA mediation. However, mediation is not always available or successful. In such instances, our lawyers are fully prepared to represent your interests at trial.
Arbitration Is Another Way to Resolve Trust or Estate Disputes
Unlike mediation, arbitration aims for a binding resolution of a dispute. Arbitration is similar to a trial, although the proceedings are less formal and more streamlined. The disputing parties select a neutral arbitrator to evaluate evidence, hear legal arguments and render a decision.
To learn more about the scope of our mediation and dispute resolution practice, contact Ridgway and Gafken in Seattle.
