Relations between executors or trustees and beneficiaries can turn sour because of different priorities. Often differences are in perception rather than substance. A mediator can help the parties clear up areas of ambiguity and aid them in developing a plan of interaction that will promote all their interests. As a result executors and trustees may no longer dread the beneficiaries' phone calls and beneficiaries may be happier while making fewer calls to the fiduciaries. Courts are not charged with working out reasonable solutions to heirship contests or disputes over administration of wills and trusts.
Judges listen to scripted testimony and make decisions.
The results may be cumbersome, with little relief to any party. If the goal is a solution rather than a finding of fault, mediation is the best means to achieve the goal. Mediation in conflict resolution is a profession in its adolescence. Mediation in estate planning is in its infancy. During the past decade trial lawyers have recognized the important role mediation can have in providing a better service for their clients.