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Mediating Probate Disputes: A Study Of Court Sponsored Programs, Ray Madoff
Mediating Probate Disputes: A Study Of Court Sponsored Programs, Ray Madoff
Ray D. Madoff
This Article examines six court-sponsored programs designed to encourage the use of mediation to resolve probate disputes in five jurisdictions: Texas, Florida, Georgia, California (Los Angeles and San Francisco), and Hawaii. Some of the programs are part of larger state-run programs designed to encourage the mediation of a variety of disputes, but all were studied in terms of their specific application to probate disputes. In discussing each of the programs, this article focuses on the extent to which courts and practitioners either have addressed or proven false the suggested impediments to the use of mediation in resolving probate disputes.
Part …
Lurking In The Shadow: The Unseen Hand Of Doctrine In Dispute Resolution, Ray Madoff
Lurking In The Shadow: The Unseen Hand Of Doctrine In Dispute Resolution, Ray Madoff
Ray D. Madoff
Mediation - with its promise of less contentious, less expensive and more satisfying resolution of disputes - has been widely recommended for disputes in all areas of the law. Yet its successes have been far from uniform. While it has flourished in some areas - most notably divorce and child custody - it has met with much greater resistance in others. This is particularly puzzling for areas of the law such as will disputes, for which mediation would seem to provide so many benefits.
In this essay I argue that the answer to this conundrum can be found in doctrine …