How Mediation Helps Resolve Family Estate Disputes in Massachusetts

Mediation often resolves family estate disputes faster and more privately than court. We build relationships meant to last for generations.

By Marco A. Schiavo, Partner, Simmons & Schiavo, LLP | Last updated: September 10, 2026

What Is Mediation in an Estate Dispute?

Mediation is a process where a neutral third party helps family members work through a disagreement over a trust, will, or estate without going to trial. The mediator does not decide the outcome. They help everyone at the table find common ground.

Under the Massachusetts Uniform Rules on Dispute Resolution, mediation is the most widely used form of alternative dispute resolution in the state’s courts.

When Does Mediation Make Sense for a Massachusetts Family?

Mediation tends to work well when family members still want a relationship with each other once the dispute is resolved. That is especially true when a family business or a shared inheritance is involved.

Common situations where we see families turn to mediation include:

Disagreements among siblings over how a parent’s estate should be divided
Conflicts between family members involved in a business succession plan
Disputes over how a trustee is managing a trust
Questions about a parent’s care or long-term planning decisions
Conflicts that surface after a loved one passes away without a clear plan

How Does the Massachusetts Probate and Family Court Handle Mediation?

The Probate and Family Court operates more approved dispute resolution programs than any other trial court department in Massachusetts. Families can request mediation or conciliation through a motion or by contacting the court’s dispute resolution coordinator.

Court-connected conciliation programs help parties clarify the issues in dispute and evaluate the strength of each side’s position before a case goes further.

What Does Mediation Cost?

In-house dispute intervention services and bar-sponsored mediation programs are generally free to families. Some conciliation programs are approved to charge administrative fees, so it is worth asking about cost before a session is scheduled.

How We Help Families Avoid Costly Disputes

Most disputes we see start with a plan that was never fully explained to the people it affects. We sit down with every family member who needs to understand the plan, not just the person creating it, so expectations are clear from the start.

This is especially important in business succession planning, where a lack of clarity about who takes over a company can turn into years of litigation between people who used to trust each other. Our related guide on integrating succession planning with personal estate goals walks through how we help business owners plan ahead, and our post on how a family trust can limit court disputes covers another way families reduce conflict before it starts.

We are relationship driven by design. Our commitment does not end when your documents are signed. We check in with clients long after the plan is in place, because we expect to be at the table with your children someday, helping carry out the plan you built together.

Talk to a Massachusetts Estate Planning Attorney

If your family is facing a disagreement over a trust, an estate, or a business succession plan, mediation may help you resolve it without the cost and delay of litigation. Contact Simmons & Schiavo, LLP at (781) 675-1315 to talk through your options.