Frequently Asked Questions

 Using Mediation

The following is an outline addressing common questions about mediation. McGinn Law mediators specialize in divorce, probate/estate planning, and commercial mediations.

What is Mediation?

Mediation is a process in which a neutral third party supports communication between the parties.  The role of the mediator is to will assist in identifying issues, and help explore solutions to find a settlement that all parties are satisfied with.  A mediator is not a judge. The parties are in charge of crafting their own settlement.  Read more here …

Why Should I try Mediation?

Mediation allows the parties to find a solution to their dispute.  In the traditional court process, the judge rules on the outcome of the case.  In mediation you are in control.  As important, mediation is less damaging to ongoing relationships.

How do I get start a Mediation?

Mediation can be scheduled at the parties’ convenience.  Please call us at McGinn Law, 978 406-9035 or 617 229 9974.

How much does it cost?

Mediator sets an hourly fee.  At McGinn Law our mediators charge $250 an hour. Payment arrangements are made between the interested persons and the mediator. Read more here …

Where is Mediation session held?

The parties and the mediator choose the meeting place, as well as the dates and times of the meeting. Generally, McGinn Law mediations are conducted in our Danvers or Cambridge offices.

What Happens During Mediation?

The mediator will explain the mediation process, discuss any facts and issues involved with the parties, and establish some ground rules.  Generally, a mediation session will last two hours.  Read more here.

When can Mediation be used to resolve a Probate or Estate Planning Issue?

Probate mediation is used to resolve disputes that arise within matters normally heard in probate court, e.g., arguments concerning the administration of an estate or a trust.

Disputes Occurring During the Administration of an Estate

Often times settling the estate of a family member will create conflict among family members.  The conflicts may include disagreements regarding how to divide property, the validity of a will, or disagreements about the interpretation of a will.  Because these conflicts are emotionally charged, it is difficult to find a common ground without the assist of a neutral third party, such as a mediator.

Why Use Mediation to Resolve Probate or Estate Planning Arguments?

The mediation process involves the use of a neutral to work with parties involved in an argument to develop a settlement that is satisfactory to all.  The mediation process has a number of advantages compared to going to court.

1.   The Parties are in Charge

Mediation is different from litigation in that it is the parties, working with the mediator, who decide how to resolve the dispute.  The mediator is not a judge.  The mediator’s role is to facilitate the development of an outcome that is agreeable to all parties.  Once the parties reach a settlement, the mediator can formalize the settlement it in a written agreement that is legally binding on all the parties.

2.   Flexibility

Because the resolution of the conflict is developed by the parties and mediator, there is flexibility in crafting a solution.

3.   Preserving Relationships

Probate disputes most often arise among individuals who have relationships with each other and going through a court proceeding to resolve such disputes often intensifies animosities.  In contrast, the mediator, whose role as a neutral third party is to develop communication, and create a settlement.

4.   Efficiency

Mediation can be scheduled at the parties’ convenience.

5.   Confidentiality

All conversations held during mediation are confidential. This is in contrast to court proceedings, which are publicly held.