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What if we can’t agree on all the issues?

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The private adjudication process presumes that the parties cannot agree on some or all of the issues and require a prompt decision from an experienced lawyer or retired judge. The adjudicator’s decision may be used by the parties as guidance to come to an agreement or may be used as the basis of a final decision which ultimately will be subject to the approval of the probate court.

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Mediation

A process in which an experienced attorney or retired judge assists the parties to clarify their issues, discusses options for resolution and seeks to obtain a settlement that is mutually acceptable to both parties irrespective of the strengths and weaknesses of their case.

Private Adjudication

A process in which an experienced attorney or retired judge renders a decision after hearing the parties respective positions and reviewing evidence. The adjudication may take place through a formal hearing with the presentation of evidence, or in a less formal hearing with the facts presented through the parties or their lawyers.

Conciliation

A process in which an experienced attorney or retired judge assists the parties to settle their case by clarifying their issues and assessing the strengths and weaknesses of each side of the case. If the case is not settled by conciliation in total, the attorney or retired judge helps the parties explore the steps which remain to prepare their case for trial.