Mediation & Arbitration

Temmerman, Cilley & Kohlmann, LLP offers a wide variety of services related to all forms of alternative dispute resolution, including mediation, arbitration, judge pro tem, and serving as a court appointed referee.

Alternative Dispute Resolution services are available to parties who have been unable to resolve trusts and estates related disputes.  Resolution assistance is usually available at any stage of a dispute, including prior to the initiation of litigation.  An out-of-court resolution is generally a cost effective route for resolving a dispute. 

Mediation is a confidential and voluntary form of Alternative Dispute Resolution.  The confidentiality of the process allows the parties to openly discuss difficult issues and forge a mutually agreed upon resolution, rather than one which is imposed on them by the court.  The scope of a mediation is broader and more flexible than a trial.  Our mediation clients receive the benefit of a fair process sensitive to the personalities and goals present in each unique situation, combined with an aggressive and creative problem solving approach to even the most difficult and emotionally charged circumstances.  Mediations handled by Temmerman, Cilley & Kohlmann, LLP result in a signed settlement agreement in approximately ninety percent (90%) of the cases we handle.

When mediation is not the right choice, a full range of alternate forms of binding dispute resolution are available.  Our firm will ensure that a thorough and competent review of the issues occurs, followed by an unbiased determination of a reasonable and legally accurate probability of a result.

Alternative dispute resolution services are available at the offices of Temmerman, Cilley & Kohlmann, LLP in San Jose, or at another off-site location at the agreement of the attorney and the parties.  Some examples of issues which our firm has settled using ADR includes:

1. Allegations against a trustee for breach of fiduciary duty
2. Actions by a trustee
3. Challenges to the validity or interpretation of one or more estate planning documents
4. Elder abuse allegations against a beneficiary or trustee
5. Donative transfer statute disputes
6. Trust and/or conservatorship accounting disputes
7. Removal and/or replacement of a trustee
8. Appointment of a private professional fiduciary or corporate trustee
9. Compensation of a fiduciary
10. Duties of an attorney in fact or agent
11. Beneficiary rights under a decedent's existing or intended estate plan
12. Discovery disputes
13. Avoidance of an anticipated dispute via facilitation of an open, but controlled dialogue among the parties
14. Any other trusts and estates related issue or dispute

For further information regarding alternative dispute resolution services, contact Temmerman, Cilley & Kohlmann, LLP.  Our San Jose law firm represents clients in Santa Clara, San Mateo, Alameda, Santa Cruz, Monterey, and San Francsico counties.