The goal in Probate Mediation is to offer parties the opportunity discuss and explore resolution of the issues that have resulted in a case in Probate Court. Typical types of cases are guardianships and estate disputes.

  1. Referrals for Probate Mediation are made by the Probate Court on a case by case basis. The Probate Court issues an order requiring the parties to contact the Mediation Department within ten (10) days.
  2. The mediators schedule mediation at a time convenient to the parties. All parties and counsel receive a Notice of Mediation.
  3. At the mediation, the mediation process is explained and the parties sign an Agreement to Mediate.
  4. If the parties are able to reach an agreement, partial or full, the mediator prepares a Mediation Agreement and sends copies to the parties for review. Counsel, if any, also receive a copy of the Agreement.
  5. Following the mediation, the mediator prepares an Outcome Report, including whether the parties have paid court ordered mediation costs, and files it with the Probate Court.  The mediator also files a sealed copy of the Mediation Agreement, if any, at the same time.

 

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