Mediation in Probate Matters
Mediation ProcessProbate cases are referred to mediation at the initial scheduling conference as part of the standardized scheduling order in all cases involving will contests, estate claims proceedings, fee disputes and intervention proceedings. The scheduling order sets the deadlines for discovery request, the exchange of witness lists, submission of the Rule 26 (b) 4 statements by proponent and opponent, the close of discovery, the deadline for filing motions, and the deadline for ruling on motions. Notice of mediation date will be mailed to attorneys or parties representing themselves.
- Parties no longer have to submit a Probate Confidential Settlement Statement Form as long as they have submitted a pretrial statement to the Probate Division.
- Mediation sessions are available Monday through Friday at 1:30 pm.
- The sessions are held in the Superior Court’s Multi-Door Dispute Resolution Division, which is located in Court Building C, 410 E Street, NW, Washington, DC 20001.
- Mediations in such cases are scheduled to take up to two hours.
- Additional mediation sessions are available, for free, and may be held in an alternate location, by arrangement between the mediator and the parties.
Important to Know
- A party in a case may be excused from attending mediation only by the judge. Permission must be granted prior to the day of mediation in most cases.
- Attorneys must attend mediations unless another attorney at their firm, who also represents the same party, will be in attendance.
- Attorneys appearing on behalf of a party for the first time are required to formally inform the court of their appearance in writing, before participating in mediation on that party’s behalf.
- The Probate Mediation Procedures document is available for assistance.