Trusts and Estates

Ca. Trs. & Estates Quarterly 2023, VOLUME 29, ISSUE 3

TRUSTS & ESTATES QUARTERLY – "THE MEDIATION ISSUE"

INSIDE THIS ISSUE

THE NUTS AND BOLTS OF TRUST, ESTATE AND FINANCIAL ELDER ABUSE MEDIATION
By Daniel I. Spector, Esq.
The author examines mediation in the trust and estate context and offers a suggested practical guide.
[PAGE 09]

TRUSTS AND ESTATES MEDIATION AND THE ROLE OF THE MEDIATOR
By Kristin L. Yokomoto, Esq.
Trust and estate disputes are frequently resolved through mediation. This article discusses considerations in the selection of a mediator, ethical issues, as well as standards of conduct for mediators, mediation styles, attorney preparation, stages of a mediation, negotiation tactics, dealing with high conflict personalities, mediation confidentiality, settlement agreements, and other hot button mediation issues.
[PAGE 15]

BRESLIN V. BRESLIN: DOES THE "SEAMLESS FABRIC" NEED TAILORING?
By Judge Glen M. Reiser (Ret.) and Bruce S. Ross, Esq.
Mediation in trust matters in California was formerly voluntary but perhaps may now be mandatory after the appellate decision in Breslin. The authors discuss the future of mediation in light of this decision.
[PAGE 39]

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