Mediation In Probate Cases
- The Probate Mediation Program helps people in Probate cases reach a settlement agreeable to all participants and avoid the need for a trial.
- Mediators do not take sides. Their job is to help the participants reach an agreement that is mutually acceptable.
How Do I Participate in A Probate Mediation?
Probate cases are referred to mediation at the discretion of the Judge. Attendance at mediation for referred parties is required. Probate mediation takes place remotely. Once mediation is scheduled, a notice/order of the scheduled mediation with the date and time will be mailed to each party or to the party’s counsel of record, if any.
How Should I Prepare for Mediation?
Your case manager will send you an email 7 to 10 business days before your mediation date. The email will include information about the remote mediation process and instructions on how to participate. You will also get the link to join the virtual mediation and the contact information of your mediator and case manager.
If you do not have an attorney, you are encouraged to consult with legal counsel prior to your scheduled mediation. Click here for information about Probate Self-Help Center.
Can I Request an In-Person Mediation?
You may ask for an in-person mediation. All participants must agree to an in-person mediation. To make a request you must submit an Application to Appear In Person within 24 hours of receiving the mediation scheduling email sent by your case manager. The case manager will follow up with the requesting party(s) within 24 hours of the request.
Are Mediations Confidential?
Yes, mediation is confidential. However, credible threats of violence and reports of abuse to children or elders are an exception to this rule.
What Happens If an Agreement Is Reached In Mediation?
Agreements reached in mediation will be entered into the Court record. All participants will receive a copy of the agreement.
What Happens When an Agreement Is Not Reached In Mediation?
If no agreement is reached, you will go before the judge for the next step in your case.
What Happens If the Other Side Doesn’t Follow The Agreement Terms?
If one side does not follow the terms of the agreement, the court will enforce the written agreement when it is notified that a participant is not following the terms.