News and Information from Rakowsky Mediation
Mediation Can Avoid Probate Litigation
No estate planner wants litigation over the estate plan she drafted. Settlors want their plans implemented as written and would likely abhor public disagreements over their capacity and assets. The litigation explosion burdening the probate court system is fueled by a...
How Do I Prepare for Mediation?
How Do I Prepare For Mediation? Q: What are the basic principles of mediation? A: Mediation is based upon principles of communication, negotiation, facilitation and problem solving that emphasizes: The needs and interest of the parties Fairness Procedural flexibility...
Fights About Fairness
- It’s not fair that the caregiver adult child receives more under the will than the daughter living away; - not fair that the employee that is the biggest producer leaves and takes the business with her/him; - not fair that the adult stepchild with the power of...
Benefits of Mediation
Mediation often provides more acceptable, satisfying and long term resolution of conflicts than litigation. This may be due to the heightened personal involvement that parties experience in an effective mediation. The result reflects some “buy-in” by the parties,...
Why Mediation Works
At last report, 75- 85% of all NH Court cases that were mediated, resulted in a settlement. This is true even where all prior attempts at settlement had failed, where the parties had spent substantial amounts of time and money preparing for a trial and where the...