In Texas, the probate court has the authority to order alternative dispute resolution (ADR) for a probate case at the motion of any party or upon its own motion. Although mediation is the most popular ADR method, the court has no authority to force parties to come to a mediated agreement. Parties to a probate dispute can agree to mediation even without a court order.
In probate matters, mediation is a common method of resolving disputes and avoiding probate litigation. Mediation is a voluntary negotiation facilitated and assisted by an impartial third party (a mediator) trained in settling disputes. Unlike other forms of alternative dispute resolutions such as arbitration, mediation is non-adjudicatory. No findings of fact or law, whether binding or non-binding are made by the mediator.
Our attorneys can help you develop a mediation strategy by explaining the procedure, how it works, and what to expect as the process unfolds. Mediation takes place in stages, and we can serve as your legal counsel throughout the process. Having over 20 years of expertise in negotiation, mediation, and litigation, we know what it takes to successfully complete a mediation process.
Probate mediation naturally invokes probate law, and you could end up with the short end of the settlement if you don’t understand how probate law works. One of the circumstances that gives one party leverage in probate mediation is the ability to win in court if the other party refuses to agree.