Legal Question in Wills and Trusts in California
if a beneficiary wants to contest a trust who pays the mediation fees
2 Answers from Attorneys
Mediation is a voluntary proceeding by agreement. Therefore the parties must agree on allocation of the fees. It is highly unusual, however, for there to be any arrangment other than equal division of the fees.
If this is a private mediation, i.e., the parties are voluntarily appearing in the mediation and the mediator is paid by the parties, then most often the mediator's fees are split by the parties.
It is possible that you were ordered to a court mediation or even a mandatory settlement conference in Dep't 22 (Ventura) in which case the mediator's fees would be paid by the court.
If there are any attorneys involved in the case you should contact one of them to find out the details of the mediation.
Let me know if you want to discuss this in more detail.
Caleb
email: [email protected]