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Bringing Beneficiaries to the Mediation Table: Drafting Enforceable Trust Provisions Requiring Mediation of Disputes During Post-Death Trust Administration

This article was originally published in California Trusts and Estates Quarterly, Volume 20, Issue 2, 2014

by Christopher D. Carico | Partner

I. Introduction

Mediation, when available, continues to be an effective, cost-efficient tool for resolving contested probate matters. Until 2007, the local probate rules of some of the larger California counties gave the probate court the explicit power to compel mediation in contested probate matters.2 This power vanished in California with the holding in…

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