The 10 Things That Can Cause Your Estate Mediation to Fail


Read this if you want better results at mediation. Mediation mistakes can spoil your results. You want to stop destructive legal conflict that increases legal costs.

Mediation mistakes can also prevent reconciliation. You can salvage your relationships at mediation if you act appropriately.

If you don’t understand how mediation works, you are bound to make mistakes. You must not think that trial is the only way to resolve your dispute.

Here are the 10 things that can cause your estate mediation to fail:

  1. You expect an impartial mediator to agree that you’re right.
  2. You choose a mediator whom your lawyer likes to argue with.
  3. You don’t prepare for the mediation.
  4. You don’t read all the mediation briefs.
  5. You don’t have your lawyer explain your legal position.
  6. You and your lawyer have different ways of defining mediation success.
  7. You did not prepare an enforceable written agreement at the end of the mediation.
  8. Lawyers act aggressively – your lawyer must persuade, not bully.
  9. You and your lawyer did not prepare an opening statement.
  10. You don’t realize your dispute involves emotional issues and not only
    your legal rights.

Having trouble understanding these 10 items? You need to educate yourself to have a successful mediation.

Do you need help making your mediation successful?

Estate law is all I do. Need a consultation? Contact me.