Pre-FactoTM Mediation is the specialized application of tried and tested facilitative mediation techniques in probate administration. Rather then turning to meditation as a last resort or after litigation is underway, the goal of Pre-FactoTM Mediation is as first line of defense, intercepting conflicts before they are require resolution by the Court, easing administration, decreasing overall costs, and improving communication between parties. Should the conflict remain unresolved, agreements obtained during Pre-FactoTM Mediation sessions can provide the court with information helpful in making rulings on the matter.
Pre-FactoTM Mediation is intended to provide a means for parties, particularly fiduciaries, beneficiaries, conserved persons, and family members, to assemble in a neutral setting to work together to resolve conflicts that naturally arise in probate proceedings. These conflicts include disputes over the division and distribution of personal property, differing opinions regarding care options for elderly, disabled, or conserved persons, and visitation. It is a boon to fiduciaries as it not only facilitates but formalizes communication between fiduciaries, clients, and family or interested parties.
As neutral facilitators, the mediators are trained to guide these parties through a structured but flexible process with the goal of achieving mutually acceptable, written agreements.