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The answer, generally, is yes, you can force a deposition. You can take a deposition of anyone that might have information that could lead to the discovery of admissible evidence at the time of trial. It’s a very broad, open rule that allows us to take depositions. We certainly can…

Why do depositions happen? In my opinion, depositions are the best tool that a lawyer has before trial to gather information. That’s because you’re going to have either a party on the other side or perhaps a witness, who is going to be able to answer questions about what happened….

What are the possible outcomes of a mediation? Obviously, the best outcome would be a settlement of the trust or will case. Keep in mind that to reach a settlement of the case, both sides are going to have to concede things in the mediation. Both sides go away a…

The question is, “Can you force a mediation if you’re a party to a trust or will lawsuit?” The answer is probably not.  You certainly can go to mediation by agreement of the parties.  But if you want to go to mediation and the other side does not, you cannot…

How does a mediation happen?  It happens one of two ways. The first way is by agreement of the parties involved in the lawsuit. That generally means the lawyers that represent the opposing sides will have talked and assessed whether mediation is a good idea. They will have gone back…

You have filed a lawsuit in your trust and estate litigation matter. You’ve done copious amounts of written discovery. There have been four or five depositions in your case, and the judge orders you to mediation. You look to your lawyer and say, “What is mediation?” Mediation is a forum…