PART I - UNDERSTANDING THE ESSENTIAL ELEMENTS OF MEDIATIONChapter 1: An Introduction to Mediation for Estate Planners Chapter 2: Focus on Facilitative Mediation: What Estate Planners and Fiduciaries Need to KnowPART II - PRACTICAL PERSPECTIVESChapter 3: Ethics in MediationAppendix 3A: Relevant Authority Chapter 4: A Mediator's Perspective: Situations Mediators May FaceAppendix 4A: Helpful Tips for Counsel to Assist with Facilitating Mediation Chapter 5: A Lawyer's Perspective: Preparing a Client for MediationAppendix 5A: Representing Clients in Mediation: A Lawyer's Preparation GuidePART III - SPECIFIC APPLICATIONS OF MEDIATION IN THE ESTATE PLANNING AND ADMINISTRATION CONTEXTChapter 6: Mediation and Property Issues in the Estate Planning ProcessAppendix 6A: Sample Clauses and Drafting Suggestions Chapter 7: Mediation of Disputes after Death Appendix 7A: Nine Things to Remember When Mediating Inheritance Disputes Chapter 8: Using Mediation in Guardianship Cases Involving Adults with Diminished CapacityAppendix 8A: ResourcesChapter 9: Bioethics MediationChapter 10: Using Mediation to Address Beneficiary ComplaintsPART IV MEDIATOR AS CONSULTANT: FAMILY BUSINESS SUCCESSION PLANNINGChapter 11: Transferring the Family Business Chapter 12: Sibling and Cousin Rivalries in the Business Setting Chapter 13: The Importance of Family in a Family Business Appendix 13A: Questions to Discuss in a Family Meeting PART V - ARBITRATIONChapter 14: Arbitration of Estate and Trust DisputesAppendix 14A: Model Acts Developed by ACTEC Arbitration Task Force (2008)Appendix 14B: Sample Arbitration Clauses for Trusts and WillsAppendix 14C: Checklist for ArbitrationAppendix 14D: Form of Arbitration Stipulation and Order from the ACTEC Arbitration Task Force Report (2008) Appendix 14E: Arbitration ArticlesPART VI - RESOURCES FOR PRACTICEChapter 15: Practice Materials Chapter 16: Other ResourcesIndex.
Mediation for Estate Planners : Managing Family Conflict