Process Server and Investigation
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Mediation services are extremely popular for probate disputes in Oklahoma. When two or more people or entities lay claim to a deceased person’s property, it can become very sticky but alternative dispute resolution services can offer an effective, expedient, low-cost method for resolving these disputes where everyone can come away with a win-win situation. By sitting down and compromising with each other, it is feasible for everyone to get something they want and come away winners.
Our private investigation agency has mediators in OKC who have been conducting probate mediations for many years. Thus, they are well versed in the process and know exactly what to do that will help sides come to peaceful, meaningful resolutions that both sides can live with. Thus, the steps for this process include the following:
Firstly, we will need to get the payment for the initial consultation and for the first mediation session. This gets the process started, after which our private detective agency can proceed with step 2, which will be the initial consultation/pre-mediation session.
Our legal specialists will meet with both parties separately to get a clearer understanding of the probate situation, claims both sides have, any applicable wills or trusts, etc. We will review the initial arguments, contentions, and evidence during the initial consultation stage. This sets the stage for both sides to meet and discuss items during stage 3, which is the formal mediation stage.
This is the main formal stage of the mediation process. This is where, after payment and our mediator privately/separately conducts the initial review of both sides and their evidence, both sides can meet in the same room or separately through caucusing. Both types of mediation styles are acceptable and can work well, depending on the specific needs of the parties. We will compare the distinct advantages of each mediation strategy below:
This is an excellent strategy when both parties can keep their emotions well under control and for people who have elevated levels of emotional intelligence. Meeting together allows all sides to hear all the information at the same time and to take turns talking and discussing proposals for resolutions to the issue at hand. Neither party must mind disclosing or discussing information with attorneys or other parties where everyone can hear.
For many clients, this can work extremely well. However, in circumstances where tensions and emotions will run too high and/or when the emotional intelligence (EQ) levels of the people in one or more of the parties is low, our probate mediators do not recommend this mediation style.
Examples of this include family and divorce mediations, where one or both spouses might argue, shout, point the finger, and blame one another throughout the mediation session. In this case, attempting to mediate disputes together will not work, because the chaos and confusion will prevent all parties, any applicable attorneys, and the mediators from accomplishing anything meaningful. Entropy is never helpful during probate and estate mediation services.
Collaborative mediation styles also do not work well, when one or both parties do not want to openly share and disclose certain information where the other party can hear. Some clients do indeed require more privacy and prefer seclusion, talking with their attorneys, if applicable, and the mediator alone.
An example of this might be when an insurance company and the injured party are attempting automobile accident mediation services before their case goes to trial. Neither side might want to disclose how much they are willing to pay out/accept. Thus, they can discuss these amounts privately with the mediator and respective personal injury lawyers alone and away from the prying ears of the other party.
All sides in estate mediation can also meet separately with any applicable probate lawyers and the mediator, if desired. This can also be an extremely effective method of mediation, when one or both sides in a dispute is particularly hot-headed or when one or both parties wishes to not disclose sensitive information to the other party. The mediator, the attorneys, or the parties themselves may request this method of mediation style. There is no right or wrong choice, if all parties can agree upon caucusing or meeting together.
Many people do not fully realize or understand the benefits of arbitration as a method of alternative dispute resolutions. Arbitrations differ from both mediations and civil litigation in several crucial ways, though all three methods of dispute resolution all have benefits and cons. Below we shall explore the benefits (pros) and disadvantages (cons) of all three ways to resolve probate disputes as follows:
Filing a probate case in the courts will take time, money, and always requires the employment of an experienced probate attorney in Oklahoma City to help draft the appropriate legal documents for the case and to argue a client’s side in front of the judge. Probate case filings are appropriate for people with plenty of time, money, and for those who do not wish to settle or mediate a dispute. Civil probate cases involve people and corporations who opt to go before a judge who has the education and experience to make a sound decision, but keep in mind that the judge’s decision is also subject to lengthy, time-consuming appeals and are not necessarily the final word on any particular outcome.
Please also keep in mind that probate court cases, while appealable, still make one or more sides lose while the other party wins. This is not a desirable outcome for everyone, though some people may prefer it given their specific situations. If a win-win situation is the desired outcome and all parties are willing to compromise, then probate alternative dispute resolution services like mediation will be the best choice for a clear path forward.
Thus, as you can see, probate litigations come with numerous pros and cons. Each party must carefully consider both the pros and cons before choosing this option. That way they can properly decide whether this is the best choice or if another option might prove to be better instead.
Arbitration can also be an excellent choice for parties seeking a less formal, non-appealable alternative dispute resolution process that does not absolutely require attorneys, and which has less stringent timelines, and do not necessarily require motions or discovery periods, etc. The arbitrator still makes the final decision as to the outcome, taking the power of the decision-making process out of the hands of the parties and into the hands of a more experienced, skilled, trained, and educated decision maker.
Arbitrations are the perfect choice for parties who want something more formal than a mediation service with an expert who makes the decision, yet less formal, non-appealable/final, and with a quicker process that may be easier for parties to navigate without probate attorneys near me. They can also be more cost effective than the probate court case path.
Much like with probate litigation cases, one side often wins in arbitrations and one side will lose, so this process does not usually produce two winners who both get something they want out of the process. This process is not for everyone, especially since the loser does not get the chance to appeal to a higher authority in arbitration cases. Arbitration only offer one turn at bat, and if a party strikes out, they must live with the loss.
Mediation services for probate cases are the least formal, potentially quickest, can cost the least, do not require attorneys, and put the decision-making power back into the hands of the parties. This is the best option for willing parties who are seeking these benefits and who are willing to compromise. Of course, there are downsides that accompany mediation services.
Mediators do not make the final decisions, and for parties who refuse to compromise or want a “clean sweep” where they get everything and potentially larger amounts with a decision from a judge or arbitrator, they simply are not the best option.
Our social media private detectives are also adept at running social media scans and criminal and civil background checks on people and companies for parties involved in will and probate mediation services. Digital private investigations are extremely helpful in such a wide variety of ways for these types of mediations. Below we will list several of the benefits that hiring us to run a social media scan for you can have on your mediation service:
Our digital private investigators are amazing at finding jail pics and other bail photographs of people from news stories and via other online sites. Even when someone has had criminal records expunged and thus hidden from public view and even hidden on nationwide criminal background checks that private companies offer as well, other internet sites may have information on the charges. Indeed, our social media scan private investigator knows all too well how to find even the deepest, darkest, dirtiest secrets on others.
These can be perfect for divorce and child custody mediations, because criminal records can have a deleterious impact upon people seeking child custody or more favorable divorce terms. This is especially true if our child custody private investigators can locate some particularly damning criminal records, such as felony rapes that comes with sex offender registration or murder charges. Indeed, courts often do not give much, if any custody of kids to parents with these types of criminal convictions, and our divorce private investigator also notes that they can potentially impact things like alimony and other divisions of property.
By searching social media and other internet sites high and low, our social media private detective can help pull up confessions where perpetrators brag about their crimes, as well as comments from criminals or others who know them or about them. You would really be surprised at the kinds of things people will post online about their evil deeds or others’ horrific acts.
This information could really prove to be beneficial during personal injury private investigations, where people may post photos of themselves engaging in activities that they claimed they are too “injured” to partake in. Individuals might also confess to crimes, show themselves drunk around their children, or cheating with “side piece” that is unambiguous evidence of adulterous behavior. Social media scans can even show photos of people with people standing next to a new home or vehicle they have just purchased, even when they claim to not own anything or are otherwise trying to hide assets. Whichever the case, our social media private detective is well-suited to help locate this information for our clients.
Our social media private investigations are also great for pulling up a person’s associates, friends, relatives, and even side pieces that they are cheating on their partner with. These can come in particularly helpful during adultery private investigations and even probate mediations, because knowing who is related or friends with whom is vital in locating people, seeing and assessing relationships, and rooting out corruption and marital infidelity. Let our digital private investigator help you find these relationships with their social media scan private investigations, so you can use these during the mediation process.
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