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Family disputes can be complex and emotionally charged, especially when it comes to estate planning matters. That is why we offer a specialized Private Mediation practice to help California families navigate these challenges with grace, dignity, and efficiency.
Whether you are looking to avoid the courtroom entirely or seeking to halt prolonged litigation battles, our Private Mediation services provide a straightforward path toward amicable resolutions. While we often represent individual clients during mediations, we are also available to serve as mediators, working closely with the parties and their advisors to find an amicable, workable resolutions to complex trust and estate disputes.
Efficient and Cost-Effective Alternative
Private mediation is a voluntary form of Alternative Dispute Resolution (ADR) designed to provide a private, swift, and cost-effective solution to disputes. Mediation differs from litigation in that the parties may choose their mediator themselves. Mediation can be scheduled either before or after litigation has begun, and it takes place at a time and location agreed upon by all parties involved, rather than being dictated by the court. No mediator can order a party to do, or not do, anything – the clients are in control of the decisions in mediation, unlike in a trial where the judge will ultimately dictate the outcome.
Less Formal, More Control
Mediation offers a less formal setting compared to a courtroom. However, parties and their attorneys should come fully prepared to discuss all aspects of their case and demonstrate their ability to substantiate their claims. During the mediation process, each party presents a brief summary of their case, followed by individual sessions with one of our mediators to objectively evaluate their positions and work toward a mutually agreeable compromise.
Timely, Voluntary Resolution
While the duration of mediations can vary, they are typically concluded within a day, a notable contrast to spending many stressful days in court. Mediation also empowers clients by ensuring that the resolution is reached voluntarily, rather than being imposed by a judge who may have the least information about the dispute among all the parties and attorneys who appear at trial. Even when a court orders the parties to mediation, a party’s choice to reach an agreement is personal and cannot be compelled by any outside force.
Flexible Process
Mediation can be an event, occurring at a specific time, date, and location, with particular parties involved. Mediation can also be a lengthier process involving early neutral evaluation, ongoing guidance through skirmishes over pleadings, discovery, and even trial preparation, with the ultimate goal being a resolution that serves everyone’s interests.
Experienced Mediators
At The Glowacki Firm, John P. Glowacki, brings a wealth of training, experience, and expertise to the mediation space. John has nearly completed an advanced LLM degree in ADR (Alternative Dispute Resolution) at the Straus Institute, part of Pepperdine University’s Caruso School of Law, with a specific focus on mediation. This additional training and education demonstrates our commitment to staying at the forefront of mediation techniques and principles.
Choosing the Right Mediator
In private mediation, all parties agree to participate and choose the mediator together. We know the mediator's approach plays a key role in the process's success. Often, an experienced trust and estate lawyer offers a more nuanced and tailored approach than the broader, more generalized perspective of a retired judge. Every mediator has unique skills and insights, and we’re confident you’ll find the perfect fit among our group of talented mediators.
Shared Financial Investment
To foster a sense of mutual commitment and ensure that both parties are genuinely motivated to reach a resolution, we recommend that each party equally share the cost of mediation. This financial investment reinforces the dedication of all parties involved and encourages a collaborative approach to resolving disputes. In some cases, however, the cost of the mediator’s services may be paid from the assets of the trust or estate that is in dispute, so everyone has some “skin in the game” without forcing them to pay out of pocket up front.
Our Private Mediation practice offers a beacon of hope for families seeking to resolve their estate planning disputes in a collaborative, efficient, and cost-effective manner. We are here to guide you through the process, offering expertise, support, and the tools necessary to foster a harmonious resolution for all parties.
