COURSE DESCRIPTION
Trust and estate disputes among family members – children against parents, siblings against siblings, generation against generation – can be among the most bitter, protracted and costly, because they involve not only money but emotion. Litigation can be ruinous because client decision-making may be made as much on basis of spite as reason, leading to very lengthy litigation that may rapidly deplete the assets that are the basis of the litigation. Mediation is a possible solution to expediate dispute resolution and preserve assets, but it comes with its own tradeoffs and challenges. This program will provide you a practical guide to mediation in trust and estate disputes.
- Crafting effective mediation strategies in trust and estate disputes
- Types of disputes more v. less amendable to mediated resolution
- Family business, spousal, discretionary distribution, undue influence & other disputes
- Crafting a mediation strategy depending on the nature of the underlying dispute
- Confidentiality and other issues to be wary of if mediation fails & litigation ensues
- Counseling clients about setting reasonable expectations for mediation
Speaker:
Steven B. Malech is partner in the New York City office of Wiggin and Dana, LLP, where he is chair of the firm’s probate litigation practice group. He represents beneficiaries, fiduciaries and creditors in disputes involving alleged violations of the Prudent Investor Act and its predecessors, alleged breaches of fiduciary duty, disputed accountings, and will contests. He represents clients in cutting edge probate litigation matters involving trusts and estates with assets in the hundreds of millions of dollars. Mr. Malech received his B.A., with special honors, from the University of Texas and his J.D. from the Connecticut School of Law.