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Schedule Registration Housing |
| Friday, January 7, 2000 10:30 a.m.-12:15 p.m. |
Cotillion Ballroom South Marriott Wardman Park Hotel Mezzanine Level |
|
Joint Program of Sections on Alternative Dispute
Resolution and Donative Transfers, Fiduciaries and Estate Planning |
|
| James J. Alfini, Northern Illinois University, and Chair and Program Co-Chair, Section on Alternative Dispute Resolution | |
| Malcolm L. Morris, Northern Illinois University, and Chair, Section on Donative Transfers, Fiduciaries and Estate Planning | |
| Susan N. Gary, University of Oregon, Program Co-Chair |
| The Greatest Heritage Is the Love of a Family: Using Mediation to Resolve Probate Disputes |
| Moderator: | |
| Malcolm L. Morris, Northern Illinois University | |
| Speakers: | |
| James J. Alfini, Northern Illinois University
Robert A. Baruch Bush, Hofstra University Ronald Chester, New England School of Law Susan N. Gary, University of Oregon Lela Porter Love, Yeshiva University Mary F. Radford, Georgia State University E. Gary Spitko, Indiana University, Indianapolis Ronald R. Volkmer, Creighton University |
| Mediation and other forms of alternative dispute resolution have yet to be used extensively in resolving probate disputes or as part of the estate planning process. Although mediation will not be appropriate for all disputes, in many cases mediation may allow parties to reach agreements preferable to the decision a court would reach and may promote healing of strained family relationships. Lawyers should be able to discuss knowledgeably the alternative forms of dispute resolution available to the client and to advise the client on which approach is most appropriate. In probate, mediation is a tool that should not be overlooked. |
| Teaching mediation as part of the basic Trusts and Estates course can expose more students to the idea of using mediation, rather than litigation, to resolve disputes involving family property. This program will begin with a role play of a mediation of a will contest based on charges of lack of capacity and undue influence. The role play is "packaged" for use as a one session unit on mediation in the basic Trusts and Estates course or in an advanced course. Eight panelists will then speak briefly about using alternative dispute resolution in the estate planning and probate process. |
| Business Meeting of Section on Donative Transfers, Fiduciaries and Estate Planning at Program Conclusion |