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    3. MEDIATION or COURT?
    MEDIATION or COURT?

    A couple of days ago, my family met with my parents' other child and her spawn in an effort to resolve issues with my parents' trust.  We elected to try mediation before going to court. 


    I can't say it was a totally worthless TEN HOURS, but I will always wonder what a judge would have done had we failed to complete negotiations.  There was a lot at stake for my sons, and, in the end, putting that in jeopardy wasn't an option.  


    What would you do?  Accept mediation or risk a "bird in the hand" (even if the bird has p**ped in your hand) in front of a judge?

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    +2  Views: 2166 Answers: 4 Posted: 10 years ago
    Tags: legal
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      4 Answers

      Knowing how it came out, in hindsight, I’d say go with a judge………..

      10 years ago. Rating: 6
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        Bob/PKB

        I could have maybe ended up with 20% of what my dad wanted for me instead of 5%, but my sons might have lost 50% of theirs. It's OK; I'll survive and my sons have some security! :D
        commented 10 years ago
        jhharlan

        This is what you’ve been all about all along. You’re a good mom…...
        commented 10 years ago

        The problem is who is cutting the pie and who gets what. You have iron clad rights. You know what they are. You have no interest in giving anything up and you should never have to. Take legal advice and let the lawyer maintain your "NO" that they seek to challenge and you get nothing in compromising but an unreasonable intrusion. So lock down your position without any doubt whatsoever. Your rights are law, I would not allow anyone intrude on my rights and anyone attempting to intrude on your rights should be criminalized, restrained , charged with intent/crimes and dully punished. Put that lawyer on point and piss him/her and the judge off too. You are the boss in this so hold your ground. 

        10 years ago. Rating: 6
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          Bob/PKB

          Unfortunately, the foggy issues were so dense, me giving up what was obvious to everyone was the only way to insure my sons what was also obvious to everyone. An error by the attorney who drafted the trust in the first place caused the confusion and led to the unfortunate outcome. I'll survive, but what was taken from me, in the long run, was taken from my sons, and their children as well. THAT is what I will not forget.
          commented 10 years ago
          robertgrist

          My family settles such matters more directly, with poison, lies, sabotage, accidental events and forgery. I'm lucky to be alive and many miles away.
          commented 10 years ago
          Bob/PKB

          My parents' other child and her spawn aren't above some of those things, either.
          commented 10 years ago

          Mediation is always the best solution. If you go before a judge you have given up your rights and handed them over to someone else. As long as all parties can come to a resolution, it is the best choice.

          10 years ago. Rating: 2
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            i have been in court and seen many mediations work. and many don't work, particularly when one side is really mad.  bob did you get any of what you wanted to see happen in this situation.

            10 years ago. Rating: 1
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              Bob/PKB

              Thank you for asking, tabber. My sons got what they were supposed to have. I got something they couldn't take away from me, but it was nothing close to what my Dad wanted for me. What I saw was two people who were out to be greedy and vindictive in excess of what I thought was possible for two people to be. ...whatever...
              commented 10 years ago


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