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This list has been revised on March 7, 2005
In addition to mediating conflict, John Gromala has served as a consultant, lecturer and trainer to business and professional clients and groups in the United States and Europe.
Some articles about his use of mediation to minimize the potential for conflict among business partners/shareholders and among family members follow.
1
Mediation In Estate Planning. A Preemptive Strike Against Potential Litigation
Mediation during Estate Planning will minimize future litigation over inheritance disputes. It will improve communications and relations among family members.
California Trusts and Estates Quarterly, official publication of the State Bar of California;
Republished in Trusts & Estates;
Republished in CPA/Law Forum;
Revised and republished in The CPA Journal;
Revised and republished in Personal Financial Planning Monthly a journal for financial planning professionals
2
Trustee-Beneficiary Mediation
Mediation at the beginning of trust administration will make a trustee's work much easier. A mediator, through the use of mediation principles, will help trustees and beneficiaries focus on common goals. Mediation is the only forum giving everyone the protection of confidentiality. Early mediation avoids later conflicts.
Trusts and Estates
3
Mediation in Estate Planning: A Strategy for Everyone’s Benefit
Mediation is a tool to reach agreement, but the hard work of mediating a dispute requires knowledgeable, experienced professional mediators. This is especially true when mediating conflict among family members.These authors offer observations and strategies, based on their mediation expertise and successes in the field, for using mediation during the estate planning process to prevent future conflicts among heirs. Mediating before death is more productive than mediating a will or trust contest after death.
Elder’s Advisor – The Journal of Elder Law and Post-Retirement Planning
4
Estate Planning and Family Business Mediation
Using the Dallas Soap Opera to make her point, the author shows how skilled mediators transform conflicting needs into a positive force. The use of mediation as part of the Estate Planning Process and among business partners minimizes the risk of future disagreements and litigation.
ADR Report — by Pike & Fisher, Inc. a subsidiary
of the Bureau of National Affairs, Inc.
5
Business Mediation Can Save Money and Partnerships
Business mediation is recognized as an excellent means to resolve disputes and pending litigation. It is now being used to prevent disputes from arising among partners, shareholders, professional associations and management teams.
A variation of this article appeared in Dispute Mediation Magazine Summer 2001; published by The American Bar Association
6
Successor Partners:
Gifting or Transferring a Business or Real Property to the Next Generation
This is a creative examination of various strategies for the successful transfer of operating businesses from parents to adult children and ways to overcome the risks that arise whenever a business is transferred from one generation to the next.
This article appeared in ACTEC Journal The American College of Trust and Estate Counsel, Vol. 30, No. 3, Winter 2004
7
Holistic Estate Planning and Integrating Mediation In the Planning Process
This article discusses holistic estate planning as an alternative to traditional estate planning. Providing a brief background on the development of holistic estate planning, the authors explore the advantages of this alternative method of estate planning, which uses mediation techniques and family dynamics specialists to facilitate the pre-estate planning process.
This article appeared in Real Property, Probate and Trust Journal, a publication of the American Bar Association, Fall 2004
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