When estate disputes arise, emotions often run high, and so can legal costs. At Casey Lundregan Burns, P.C. we have helped Massachusetts families with these difficult moments for over 90 years. One of the most important choices you will face is how to resolve the conflict: through mediation or litigation.
What is Estate Mediation?
Estate mediation is a voluntary process (though it can be court-ordered at times) in which a neutral third party helps people resolve conflicts regarding a decedent’s estate. Its focus is open communication, with the mediator ensuring everyone has a chance to share thoughts and concerns. The mediator never imposes a decision; instead, they help the group identify common ground and propose solutions they can all accept.
This method is grounded in the idea that each side has valuable insights. The mediator’s job is to guide constructive discussions, clarify misunderstandings, and keep things respectful. Because of that, mediation encourages cooperation instead of confrontation.
What is Estate Litigation?
Estate litigation is the formal court process used to settle disputes over a decedent’s assets. It involves procedural steps such as filing complaints, exchanging evidence through discovery, preparing motions, and eventually going to trial. While the court may issue orders along the way, the final stage often involves a judge (or in some cases a jury) deciding who prevails.
Litigation tends to be more structured and can take quite a while. It also has the potential to become expensive as attorney fees and court costs add up. Though it can be well-suited to certain scenarios, it may exacerbate tension within families if the parties feel they are forced into adversarial roles.
Key Benefits of Estate Mediation
Before diving into the specific advantages, we want to highlight that mediation offers a more private and less adversarial environment than litigation. The benefits below speak to why many Massachusetts families choose this path.
Cost Savings
Mediation is often less costly than litigation, largely because the process is streamlined. The parties typically share a mediator’s fee, and they avoid many of the expenses linked to depositions, court motions, and lengthy trials. Some courts and community-based programs also provide affordable or no-cost mediation services, which can further minimize financial pressure.
By cutting down on high legal bills, you help safeguard the estate’s assets. This can be a big plus when preserving inheritances or funds that support a beneficiary’s ongoing needs.
Time Efficiency
Mediation can settle estate conflicts in a shorter period, letting everyone move forward more quickly. It is far simpler to schedule a few mediation sessions than to wait months for a court date. That shorter timeline can reduce stress and help folks avoid tying up family resources for many years.
Although there is never a guaranteed conclusion in a single meeting, mediation tends to progress at a faster pace than traditional court proceedings, which suits families eager to find closure.
Confidentiality
Mediation sessions remain confidential. The parties maintain control over sensitive information, and any discussions or notes cannot be used in future legal actions if the mediation does not end in a settlement. Court pleadings, by contrast, usually become public records, exposing personal details that many families would prefer to keep private.
This privacy often encourages people to speak more freely, leading to honest and productive conversations that might be difficult in a courtroom setting.
Preservation of Relationships
One major benefit of mediation is its ability to safeguard relationships. Litigation can break families apart and create lasting resentments. Mediation focuses on solutions rather than blame, so individuals can feel heard without feeling attacked.
Communication in mediation tends to be calmer. The hope is to address conflicts with respect, thus reducing long-term friction among family members who may share holiday gatherings or other traditions even after an estate dispute concludes.
Flexibility and Control
Resolving estate conflicts through mediation permits families to form creative solutions that suit everyone’s needs. You are not locked into an all-or-nothing court judgment. Mediation participants can suggest unique payment plans, schedule asset distributions that feel fair to multiple heirs, or resolve missing details that a Will might not have covered.
At the end of the process, no settlement becomes official unless both sides endorse it. That sense of ownership can help everyone feel more at ease with the result.
Higher Compliance Rates
Settlements reached through conversation and compromise often yield better follow-through. When people help shape their final agreement, they tend to abide by it without feeling resentful. They appreciate having a voice in the negotiations rather than being told what to do by a judge.
This cooperative approach can also reduce lingering hostility and the likelihood of heading back to court later to enforce or modify any orders.
Below is a quick comparison chart that shows how mediation and litigation can differ on a few important aspects.
| Factor | Estate Mediation | Estate Litigation |
| Confidentiality | Private sessions | Public court record |
| Duration | Often shorter | Potentially lengthy |
| Costs | Usually lower fees | Tends to be higher |
| Outcome Control | Decided by the parties | Judge’s final decision |
When Might Litigation Be Necessary?
Certain disputes need the authority of the probate court. If a mediator cannot break a stalemate or if one of the parties absolutely refuses to cooperate, mediation might not move forward. Some legal matters also require a judge’s oversight, such as contested Will validity or complex fraud allegations.
For example, if someone suspects a forged signature on the decedent’s Will or hidden assets, they may file a suit to access court procedures and subpoenas. That level of scrutiny may be the only way to uncover wrongdoing and secure an enforceable verdict. While litigation can be painful, it does provide legal safeguards that mediation alone cannot offer.
The Mediation Process in Massachusetts
Most mediations begin when the parties select or are assigned a mediator. Each side may supply documents or details about the estate ahead of time, which helps the mediator understand the issues at hand. When mediation starts, everyone typically gathers in a comfortable setting where they can speak directly or work in private sessions with the mediator acting as a liaison.
Lawyers are often present to advise their clients, but the mediator remains neutral. The objective is to identify sticking points, acknowledge each person’s viewpoint, and find workable solutions. If everyone reaches an agreement, the mediator can draft a settlement for signature, and the attorneys can then incorporate it into the probate case without needing a full trial.
Considerations When Choosing Between Mediation and Litigation
Deciding on a path requires careful thought. Parties should reflect on their budget, how soon they want closure, the complexity of the questions at stake, and whether they are still on speaking terms with others involved. During discussions with counsel, it helps to be candid about family dynamics and any wrongdoing that may influence the best route to resolve the case.
A qualified estate planning attorney will review your overall situation, weigh the potential pitfalls, and help you decide what matches your goals. Some disputes really do call for the procedural power of the court, while others benefit from a calmer, more private setting where compromise is possible. Either approach has its place, but it should hinge on your comfort level and desired end result.
Need Assistance with an Estate Dispute? Contact Casey Lundregan Burns, P.C.
Our firm is committed to offering strong legal counsel and dedicated advocacy in trust and estate matters across Massachusetts. We have helped many families resolve controversies in a manner that preserves what truly matters to them. Feel free to call us at 978-878-3519 or visit our Contact Us page to schedule a consultation about your estate dispute. We are here to guide you through the process and pursue lasting results while safeguarding your family’s legacy.
The information in this post is not intended as legal advice or as a substitute for the particularized advice of counsel. For more information, please consult an attorney.