How are disputes resolved during probate?

In West Virginia, disputes that arise during probate are typically resolved through the mediation process. This type of dispute resolution allows the parties involved to reach an agreement without going to court. Through mediation, the parties involved in a probate dispute will meet with a neutral third party, known as a mediator, who will help them negotiate a fair settlement of the dispute. The mediator will help the parties communicate their concerns and interests to each other to find a solution that everyone can agree upon. The main goal of mediation is to reach an agreement that is fair to both parties. The mediator does not make decisions for the parties, but rather helps them come to their own mutually beneficial agreement. The mediator also works to ensure that the parties’ rights are respected and that they are treated fairly throughout the process. If the parties are unable to reach a settlement through mediation, the dispute can proceed to litigation. This type of dispute resolution will involve a judge making a decision based upon the evidence presented in court. Depending on the nature of the dispute, the parties may also be able to reach a settlement through alternative dispute resolution such as arbitration or neutral evaluation. No matter how the dispute is resolved, it is important for all parties involved to seek legal advice throughout the process. An experienced probate lawyer can help ensure that the parties’ rights are respected and that the dispute is resolved in a timely and amicable manner.

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