What is probate and estate mediation in Florida?
Probate and estate mediation is a confidential process in which a neutral third party — the mediator — assists disputing parties in reaching a voluntary settlement of their estate, trust, or guardianship dispute without a full court trial. Mediation is required by many Florida probate courts before a contested hearing proceeds. It is governed in part by Fla. Stat. § 44.102 and the Florida Rules for Certified and Court-Appointed Mediators. David A. Yergey, Jr. and David A. Yerge,y III are both Florida Supreme Court Certified Circuit Court Mediators — a credential issued by the Florida Supreme Court that certifies the mediator's training, examination, and experience in circuit civil mediation.
Why would a probate or trust dispute go to mediation instead of trial?
Mediation is typically faster, less expensive, and more private than probate litigation. A contested probate trial in the Orange County Probate Division may take 1–2 years from the filing of a contest to a final decision; mediation can resolve the same dispute in one or two sessions. Mediation preserves confidentiality — trial proceedings are public record; mediation discussions are not. Mediation also allows parties to reach outcomes a court cannot order, such as creative asset distribution arrangements, ongoing family relationships, or special provisions for particular beneficiaries. Because both partners at Yergey & Yergey are certified mediators, the firm can serve as either counsel to a party in mediation or as the neutral mediator for other attorneys' cases.
Are mediated settlements binding in Florida probate proceedings?
Yes. A settlement reached in mediation and signed by all parties is a binding contract enforceable by the court. Under Fla. Stat. § 733.815 (probate settlement agreements) and Fla. Stat. § 736.0111 (trust modification by agreement), courts can approve and enforce written settlement agreements that modify the terms of a will, trust, or guardianship arrangement — even terms that would not otherwise be possible under the strict terms of the documents. This flexibility makes mediation particularly valuable in estate and trust disputes where the parties want a customized outcome that a court could not impose on its own.
Have a question not answered here?
Call (407) 843-0430 or contact us at intake@yergeylaw.com. David A. Yergey III and David A. Yergey, Jr. accept consultations for probate, estate planning, guardianship, trust administration, and mediation matters throughout Orange, Seminole, Volusia, Osceola, and Lake Counties.
WHY CHOOSE US
Yergey & Yergey
Yergey and Yergey, P.A. offers mediation services led by David A. Yergey, Jr. and David A. Yergey III, combining decades of probate and guardianship trial experience with Florida Supreme Court–certified mediation training to help families and fiduciaries resolve disputes without the cost and uncertainty of trial.
They mediate will contests, trust disputes, probate and guardianship accountings, fiduciary‑duty claims, and related family conflicts, providing a structured, neutral setting where parties can realistically assess risk, explore options, and work toward durable, court‑enforceable agreements.