By its nature litigation is very combative. The parties on each side of the lawsuit are seen as adversaries. In the end there is a winner and a loser. Parties rarely come out of litigation liking each other. Because of this, Tomac & Tomac believes that anytime family members have a disagreement it is best for everyone if the disagreement can be resolved outside of the Courthouse.
In mediation the parties present their disagreement to a neutral mediator. The mediator helps the parties understand each other’s positions, explains and presents possible solutions, and assists the parties in resolving their disagreement without the time and expense of litigation.
Disagreements about Wills and Trusts, Guardianship and Conservatorships and/or other Elder Law issues are uniquely well suited for resolution through mediation because most of the time the dispute is between two or more people who need or want to maintain some type of relationship into the future. Through mediation, friends and family can often resolve their differences while preserving their relationship.