Chayet & Danzo, LLC Chayet & Danzo, LLC
Call for a Free Initial Consultation
Direct 303-355-8500
Toll-Free 1-866-873-6596
Email Us
Compassion, talent and dedication: guiding colorado families and Their Trusted Advisors During Times of Need

Mediation can avoid trial in probate litigation

As the summer ends and school starts, the family vacation(s) in the mountains or lakes are also winding down. Maybe there is still one left over the Labor Day holiday.

These vacations allow for time with your parents and siblings allowing cousins to play and bond over the years. Is there a summer home where everyone stayed? What happens to it when your parents are gone? A fight over this home is one of the most common family inheritance-related conflicts. It is tough to solve, because of the emotional ties to these properties.

Another mediation model for families

When initial smoldering resentments escalate and disagreements become heated, it can lead to litigation. Usually, a judge will order mediation as one of the early steps in the litigation process.

For some this seems a hurdle to get into the courtroom, but it offers an opportunity to resolve the conflicts in a cost effective and more efficient manner. One type called transformative mediation may work for families with the added benefit of salvaging relationships.

While it can take longer than traditional mediation, the goal is to get the people involved thinking differently.

How did this model originate? The Postal Service had found that even after reaching settlements, poisonous relationships remained between employees. Working with several professors, they created a new method based on transformative mediation with improved communication and empowered participants to take a more direct role in dispute resolution. It worked.

As with all mediation, the process starts with an impartial mediator listening to understand each side’s concerns. Sessions often start with a messy airing of grievances, but then they can move forward. There is seldom a quick, easy answer.

Small steps can become the foundation to reach resolution. If nothing else, resolving some issues in mediation leaves fewer that a judge must decide.

No Comments

Leave a comment
Comment Information

Watch Our Firm Video

We are the premier Elder Law firm in the Colorado region. We set ourselves apart from other law firms in the area with our talent, dedication, compassion and ability of our attorneys to handle any case in Elder Law. We serve Colorado families with experience and dignity in your time of need.

View More Videos

Denver Office
650 S.Cherry St., Suite 710
Denver, CO 80246

Toll Free: 1-888-472-1088
Phone: 303-872-5980
Fax: 303-355-8501
Denver Law Office Map

Edwards Office
105 Edwards Village Blvd.
Edwards, CO 81632

Toll Free: 888-472-1088
Toll Free: 1-888-472-1088
Fax: 303-355-8501
Edwards Law Office Map

Aspen Office
600 East Hopkins Avenue
Suite 301
Aspen, CO 81611

Toll Free: 888-472-1088
Toll Free: 1-888-472-1088
Fax: 303-355-8501
Aspen Law Office Map

  • Rated by Super Lawyers Macro Chayet
  • Rated by Super Lawyers Frank J. Danzo, III
  • Member National Academy of Elder Law Attorneys, Inc. TM
  • Avvo Rating 10.0 Superb Top Attorney Elder Law
  • 2015 Five Star Professional Wealth Manager Multi-Year Winner
  • Our new 2015 Medicaid Book: how to protect your Family's Assets from devastating nursing home costs
  • Proud Sponsor 2015-Denver Colorado Senior Law Day
  • Peer Review Rated For Ethical standards & Legal Ability TM Martindale Hubbell
  • Haystack