Lexis Nexis Mediation for Estate Planners: Managing Family Conflict
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Product description
An important new resource for attorneys to assist clients in resolving - and avoiding - disputes in an estate planning practice
Estate planners and elder law practitioners are increasingly aware of the availability of mediation as a tool for resolving family disputes. Probate courts around the country are increasingly interested in encouraging parties to try mediation before resorting to litigation. But by the time a dispute reaches the probate court, damage to family relationships may have already occurred.
Mediation for Estate Planners: Managing Family Conflict provides the basic tools to understand and employ mediation within an estate planning practice and appreciate the usefulness of these alternative dispute resolution processes. Written by a team of experienced attorneys and mediators, this book can assist lawyers in recommending mediation to clients, either at the planning stage or soon after a dispute surfaces, so that families may be able to resolve disagreements before entrenched positions are established.
The issues discussed in this book range from drafting mediation clauses for estate planning documents to using mediation to resolve probate and trust disputes; from bringing in a consultant with mediation training to addressing family business succession to assisting families dealing with guardianship and conservatorship issues; and from using mediation in hospital settings when families face difficult end of life decisions to using mediation to work through disputes between trustees and beneficiaries; and more.
Topics are organized in these sections for ease of use and reference:
•Understanding the essential elements of mediation
•Practical perspectives
•Specific applications in the estate planning and administration context
•Mediator as consultant: family business succession planning
•Arbitration
•Resources for practice, including a Tool Kit, bibliography, and more
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