Mediated settlement agreements are the norm in Florida when in comes to probate litigation. An excellent resource for thoughtful articles on why probate mediation has “taken off” over the last decade can be found here on the website. But just when you thought mediation was the answer to all of your problems, this interesting post on the Wills, Trusts & Estates Prof Blog (which is reproduced below) discusses yet another option for the creative probate attorney: civil disengagement.

In a recent newsletter, Gerald Le Van, a strong proponent of family wealth mediation, introduces the concept of “civil disengagement” as an alternative to financially and emotionally costly litigation when family members cannot reach an amiable solution.

Mr. Le Van explains that civil disengagement:

  • acknowledges current irreconcilable differences,
  • but avoids family litigation;
  • manages each divided camp separately,
  • but leaves the door open to family reunification in later generations.

See Gerald Le Van, Divided Families: Civil Disengagement Instead of War (Aug. 2005).