How does the value of the estate affect whether to mediate or litigate?

The economics of an estate dispute are a critical practical consideration. Litigation costs — attorney’s fees, expert fees, and court costs — come out of the estate or the parties’ pockets, and in smaller estates those costs can quickly consume a significant portion of what is actually in dispute. Mediation is almost always more cost-effective, which matters most precisely when the estate is modest. Even in larger estates, the certainty and speed of a mediated resolution often outweigh the gamble of a trial. A candid assessment of what litigation will cost, relative to what is genuinely at stake, is one of the most useful things parties can do before deciding how to proceed.