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Probate,
Alternative Dispute Resolution

Apr. 29, 2021

Ruling says courts can order trust and probate cases to mediation

California Probate Code Section 17206 provides broad discretion to the probate court to “make any orders and take any other action necessary or proper to dispose of the matters presented.” A recent appellate ruling specifically affirmed the probate court’s authority under Section 17206 to order all interested parties to mediation.

Glen M. Reiser

Judge (retired), Arbitrator, Mediator and Special Master
JAMS

Email: GReiser@jamsadr.com

Judge Reiser (Ret.) is a mediator and arbitrator at JAMS, also often serving as a court-appointed referee in trust, probate and conservatorship matters. He has had vast experience adjudicating trust and intra-family disputes as a neutral, a respected trial judge and as a litigator. He can be reached at GReiser@jamsadr.com.

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Mark Lester

Attorney
Jones, Lester, Schuck, Becker & Dehesa, LLP

Email: mark@venturaestatelegal.com

Mark has over 25 years of experience in succession planning, probate, trust administration and trust and estate litigation. He is a certified estate planning, trust and probate law specialist by the State Bar of California Board of Legal Specialization.

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Eric Hirschberg

Attorney
Jones, Lester, Schuck, Becker & Dehesa, LLP

Email: eric@venturaestatelegal.com

Eric focuses his practice in the areas of estate planning, probate, trust administration, trust and estate litigation, business and corporate transactions, and entity formation.

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California Probate Code Section 17206 provides broad discretion to the probate court to "make any orders and take any other action necessary or proper to dispose of the matters presented." In Breslin v. Breslin, 2021 DJDAR 869 (Jan. 26, 2021), the 2nd District Court of Appeal majority specifically affirmed the probate court's authority under Section 17206 to order all i...

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