Category: Mediation

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Court May Compel Mediation of California Trust Disputes

(Editor’s Note: This post has been updated following the Court of Appeal’s opinion after rehearing.) Trust and estate litigators, and mediators, are buzzing over a recent decision from the California Court of Appeal that validates mandatory mediation of trust disputes. In Breslin v. Breslin (2021) ___ Cal.App.5th ___, the appellate court by a 2-1 majority … Continue Reading

Who Gets the Tahoe House and Other California Real Estate Inheritance Disputes

Many California trust and estate disputes involve the allocation of real estate amongst several beneficiaries.  Mom and Dad, may they rest in peace, owned an upscale home in the Fab 40s neighborhood of East Sacramento, a sweet Tahoe vacation home, and a few rental duplexes, but did not specify how these assets were to be … Continue Reading

Resolving California Trust and Estate Disputes – A Mediator’s Perspective

Many California trust and estate disputes are resolved by mediation instead of a final adjudication in the Superior Court.  Mediation can offer a custom-crafted resolution to a case that avoids the stress, expense and unpredictability of a trial.  When parties choose to mediate, there is often a deal to be found even if the positions … Continue Reading
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