Trusts and Estates

Ca. Trs. & Estates Quarterly Volume 8, Issue 4, Winter 2002

MEDIATION IN TRUST AND PROBATE PRACTICE

By Kay E. Henden*

The early promise of mediation was that disputes would be resolved more quickly, less expensively, and with better closure for the litigants. Within the last five years, that promise has been largely realized.

This article outlines mediation’s present status in the various court systems and administrative agencies serving trust and probate practice in California. It also describes the results of its use as reported by the courts, agencies and practitioners in the area.

Three primary systems are involved:

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