Probate Mediation in Michigan

Get Help for Probate Disagreements from our Troy Probate Mediation Attorneys

If you have a disagreement over a probate matter, probate mediation may be a way to resolve the issues without the time and expense of litigation. The attorneys at BRMMhave decades of experience helping clients with probate mediation in will and trust disputes, estate administration issues, matters involving guardianship and conservatorship, and other matters within the jurisdiction of Michigan probate courts.

Our Experience and Credentials

BRMM Shareholder Andrew W. Mayorashas been a certified and trained mediator, concentrating in trust, estate, and other probate mediations since 2015.  He completed mediator training and advanced mediator training through the Institute of Continuing Legal Education.  Andy Mayoras serves as a mediator for cases throughout metro-Detroit and the State of Michigan, primarily for probate disputes pending in Oakland, Macomb, Wayne, and Washtenaw Counties. 

If you are dealing with a probate dispute and looking for Michigan mediation services, get the representation you need by contacting us today. 

Probate Mediation in Michigan

Michigan probate courts favor the use of alternate dispute resolution in disagreements involving matters within their jurisdiction. Mediation is a type of alternate dispute resolution defined in the Michigan Court Rules as “a process in which a neutral third party facilitates communication between parties, assists in identifying issues, and helps explore solutions to promote a mutually acceptable settlement. A mediator has no authoritative decision-making power.”

Parties in a disagreement may voluntarily use probate mediation at any time, even if a court action has not been initiated. In some court cases, a probate court may order the parties to participate in probate mediation in an effort to settle the matter without the time and expense of a court proceeding.

The parties themselves select the probate mediator. Many Michigan probate courts maintain a list of approved probate mediators who meet specified requirements. The parties are not required to use an approved mediator and may choose a mediator who is not on the approved list. Mediators charge an hourly fee. The cost of mediation is usually divided between the parties. If a party cannot afford a mediator, some probate courts may provide a mediator at no or a low cost.

Probate mediation enables the parties to work through issues in an informal, stress-free neutral location and environment. The probate mediator does not make decisions for the parties, but encourages discussions directed at finding mutually agreeable solutions to the issues. A party may have their attorney accompany them to the mediation sessions, but legal counsel is not required. The mediator conducts the conversations between the parties.

If mediation succeeds, the probate mediator or one of the attorneys draft a mediation agreement. When the parties sign the agreement, it becomes legally binding. If there is a court case pending, the mediator reports to the probate court that the parties have reached a settlement.