Probate Mediation Program
Mediation Process
Probate cases are referred to mediation at the initial scheduling conference as part of the standardized scheduling order in all cases involving will contests, estate claims proceedings, fee disputes and intervention proceedings. The scheduling order sets the deadlines for discovery request, the exchange of witness lists, submission of the Rule 26 (b) 4 statements by proponent and opponent, the close of discovery, the deadline for filing motions, and the deadline for ruling on motions. Notice of mediation date will be mailed to attorneys or parties representing themselves.
Parties no longer have to submit a Confidential Settlement Statement as long as they have submitted a pretrial statement to the Probate Division.
Logistics
- Mediation sessions are available Monday through Friday at 1:30 pm.
- Multi-Door Dispute Resolution Division, Court Building A, 515 5th Street, N.W., Room 104.
- Cases are allotted up to two hours.
- Follow-up sessions are offered and may be held in an alternate location, by arrangement between the mediator and the parties, with notice to the Program Manager.
Important to know
- A named party in a case may be excused from attending mediation by the calendar judge only. Permission must be granted prior to the day of mediation in most cases.
- Attorneys may not be excused from attendance at mediation except in the case of multiple attorneys from the same firm, all of whom represent a single party or entity.
- Attorneys appearing on behalf of a party for the first time are required to formally enter their appearance, by way of a praecipe, before participating in mediation on that party’s behalf.
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