Resolving Trust and Estate Disputes Through Alternative Dispute Resolution

Temmerman, Cilley & Kohlmann, LLP offers a wide variety of services related to all forms of alternative dispute resolution (ADR), including mediation, arbitration, judge pro tem, and service as a court-appointed referee.

ADR services are available to parties who have been unable to resolve trust and estate-related disputes. Resolution assistance is usually available at any stage of a dispute, including prior to the initiation of litigation. An out-of-court resolution is generally a cost-effective route for resolving a dispute.

We provide mediation and arbitration services to clients throughout Fremont, Walnut Creek, Danville, Santa Clara, San Mateo, Alameda, Contra Costa, Santa Cruz, Monterey, San Francisco, and other counties.

Mediation

Mediation is a confidential and voluntary form of alternative dispute resolution. The confidentiality of the process allows the parties to openly discuss difficult issues and forge a mutually agreed-upon resolution, rather than have one imposed on them by the court. The scope of mediation is broader and more flexible than a trial. Our mediation clients receive the benefit of a fair process sensitive to the personalities and goals present in each unique situation, combined with an aggressive and creative problem-solving approach to even the most difficult and emotionally charged circumstances. Mediations handled by Temmerman, Cilley & Kohlmann, LLP result in a signed settlement agreement in approximately 90 percent of the cases we handle.

Other Forms of Alternative Dispute Resolution

When mediation is not the right choice, a full range of alternative forms of binding dispute resolution are available. Our firm ensures thorough and competent review of the issues, followed by an unbiased determination of a reasonable probability of a result.

ADR services are available at the offices of Temmerman, Cilley & Kohlmann, LLP in San Jose or Danville, or at another off-site location at the agreement of the attorney and the parties. Examples of issues our firm has settled using ADR include:

  • Allegations against a trustee for breach of fiduciary duty
  • Actions by a trustee
  • Challenges to the validity or interpretation of one or more estate planning documents
  • Elder abuse allegations against a beneficiary or trustee
  • Donative transfer statute disputes
  • Trust and/or conservatorship accounting disputes
  • Removal and/or replacement of a trustee
  • Appointment of a private professional fiduciary or corporate trustee
  • Compensation of a fiduciary
  • Duties of an attorney-in-fact or agent
  • Beneficiary rights under a decedent’s existing or intended estate plan
  • Discovery disputes
  • Avoidance of an anticipated dispute via facilitation of an open but controlled dialogue among the parties
  • Other trust and estate-related issues or disputes

Offering the services you need to obtain a successful dispute resolution

Our San Jose and Danville law firm represents clients in Fremont, Danville, Walnut Creek, Santa Clara, San Mateo, Alameda, Contra Costa, Santa Cruz, Monterey, San Francisco, and other counties. Call our San Jose office at 408-290-7210, our Danville office at 925-233-4399 or contact Temmerman, Cilley & Kohlmann, LLP online today.