Can disputes over a trustee or personal representative's conduct be mediated?

Yes. Disputes concerning the administration of an estate or trust may be addressed through mediation, including disagreements over accountings, investment decisions, distributions, fiduciary fees, alleged self-dealing, and potential breaches of fiduciary duties.

These matters often involve detailed financial records, competing interpretations of fiduciary obligations, and disagreements among beneficiaries or other interested parties.

A mediator does not independently determine whether a fiduciary has acted improperly or decide the accuracy of disputed financial records. Instead, the mediator facilitates negotiations concerning disputed accountings, distributions, fees, and alleged fiduciary misconduct.

Potential mediated outcomes may include an agreed accounting adjustment, a negotiated distribution of assets, a fee modification, or an agreed transition to a successor fiduciary where legally appropriate.

Florida law recognizes fiduciary obligations and remedies concerning personal representatives, including provisions addressing conflicts of interest and transactions involving estate property.

Any mediated resolution must account for applicable fiduciary duties, statutory requirements, and any necessary court approval.