Resolving Estate Disputes Through Mediation And Arbitration
Temmerman, Cilley & Kohlmann, LLP, offers a wide variety of services related to all forms of alternative dispute resolution (ADR), including mediation, arbitration, judge pro tem and service as a court-appointed referee.
ADR services are available to parties that have been unable to resolve trust- and estate-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 have one imposed on them by the court. The scope of 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 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 signed settlement agreements in approximately 90 percent of cases.
Other Forms Of Alternative Dispute Resolution
When mediation is not the right choice, a full range of alternative forms of binding dispute resolution are available. Our firm ensures thorough and competent review of the issues, followed by an unbiased determination of a reasonable probability of a result.
ADR services are available at the offices of Temmerman, Cilley & Kohlmann, LLP, in San Jose or Danville or at another off-site location at the agreement of the attorney and the parties. Examples of issues our firm has settled using ADR include:
- Allegations of breach of fiduciary duty against a trustee
- Actions by a trustee
- Challenges to the validity or interpretation of one or more estate planning documents
- Elder abuse allegations against a beneficiary or trustee
- Donative transfer statute disputes
- Trust and/or conservatorship accounting disputes
- Removal and/or replacement of a trustee
- Appointment of a private professional fiduciary or corporate trustee
- Compensation of a fiduciary
- Duties of an attorney-in-fact or agent
- Beneficiary rights under a decedent’s existing or intended estate plan
- Discovery disputes
- Avoidance of an anticipated dispute via facilitation of an open but controlled dialogue among the parties
- Other trust and estate-related issues or disputes