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A Call to MediateA Call to Mediate

There will be a dramatic increase in the volume and complexity of trusts-and-estates disputes in the near future. It's time to embrace mediation as an alternative to formal litigation in probate and fiduciary matters. So I call on all responsible trusts-and-estates practitioners to learn more about mediation then actively steer clients in that direction. RISING CASELOADS Already, the courts are overwhelmed

Kenneth J. Peace

July 1, 2007

22 Min Read
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Kenneth J. Peace, head, litigation group, Braun Siler Kruzel PC, Scottsdale, Ariz.

There will be a dramatic increase in the volume and complexity of trusts-and-estates disputes in the near future. It's time to embrace mediation as an alternative to formal litigation in probate and fiduciary matters. So I call on all responsible trusts-and-estates practitioners to learn more about mediation — then actively steer clients in that direction.

RISING CASELOADS

Already, the courts are overwhelmed with new cases. In more populated counties, each judge's docket is bursting with over 1,000 cases. The number of civil filings has increased steadily during the past 10 years, and this trend is expected to continue.1 The increase in new civil case filings...

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