Trust and Probate
Mediation can be used in trust and probate cases to resolve issues after the loss of a loved one without the hassle of court.
Trust & Estate Mediation · San Diego County
Resolution is on the Horizon
Mediation can often be a lengthy process; but with us, it doesn’t have to be.
In short Reconcile Mediation resolves trust, estate and probate disputes privately, without the delay and public record of California probate court. Principal Attorney Elizabeth A. Tresp, JD, LL.M., works with beneficiaries, trustees and executors to reach creative, mutually agreeable settlements — usually in one or two days rather than years.
When family wealth and legacies are on the line, trust and estate disputes can quickly escalate into financially devastating and emotionally draining courtroom battles. At Reconcile Mediation, we believe there is a better way. Through expert Trust and Estate Mediation, Principal Attorney Elizabeth A. Tresp, JD, LL.M., helps beneficiaries, trustees, and executors resolve complex, high-conflict disputes privately. By choosing mediation, families can find creative, mutually agreeable solutions while bypassing the severe delays and public exposure of the California probate court system.
At a glance
- Mediator: Elizabeth A. Tresp, JD, LL.M.
- Office: 2533 S Coast Hwy 101, Suite 210, Cardiff-by-the-Sea, CA 92007
- Phone: (858) 201-7595
- Email: inquiries@reconcilemediation.com
- Practice areas: trust and probate disputes, personal injury
What kinds of disputes do you mediate?
Personal Injury
Personal injury cases are often lengthy and can result in thousands of dollars in court fees. With mediation, your case can be settled quickly without having to step foot in the courtroom.
A space designed for resolution
The room matters more than people expect
Mediation succeeds when both sides feel unhurried, unobserved, and safe enough to move. Our Cardiff-by-the-Sea office was arranged for exactly that. Four private meeting rooms — three with their own external entrances — mean the parties to a dispute never have to share a hallway, a waiting room, or an elevator.
That separation is not a luxury. In a high-conflict trust or family matter, being able to arrive, caucus, and leave without crossing paths with the person on the other side is often what makes a settlement possible at all. The setting does quiet work all day long.
Why Choose Mediation Over Protracted Litigation?
Save tens to hundreds of thousands of dollars
Probate litigation is expensive in ways that compound. Attorney fees, depositions and court costs on a contested matter can consume anywhere from $50,000 to well over $200,000 — money that comes out of the same estate the parties are fighting over.
Avoid the uncertainty of the court system
A judge who has never met your family decides the outcome, and neither side can predict what that decision will be. In mediation, the parties keep control of the terms.
Keep private family matters confidential
California probate cases are public record. Filings, accountings and allegations about your family become searchable by anyone. Mediation happens privately, in a closed room.
Achieve creative, customized solutions
A court is limited in what it can order. Mediated settlements can include property swaps, structured payouts and tax strategies that no judge has the authority to impose.
Preserve family relationships
Litigation hardens positions and often ends relationships permanently. A negotiated resolution leaves room for the family to still be a family afterward.
| Mediation | Probate litigation | |
|---|---|---|
| Timeline | Scheduled within weeks; often resolved in one or two days | Commonly two to three years to reach trial |
| Privacy | Private and confidential | Public record |
| Who decides | The parties | The court |
| Range of outcomes | Property swaps, structured payouts, tax strategies | Limited to what a court can order |
Who will be mediating my case?
Elizabeth A. Tresp, JD, LL.M., brings a background most mediators do not have to the table:
- Nearly a decade as a Litigation Examiner for one of the top three insurers in America, giving her a behind-the-curtain view of how risk is calculated and how institutional settlements are negotiated.
- An LL.M. in Taxation earned with highest honors from the University of San Diego, so settlements are structured with their tax consequences in mind.
- A seasoned entrepreneur and angel investor, and principal owner of two law firms — useful insight where family businesses and complex asset portfolios are in dispute.
- Named a Super Lawyers Rising Star for six consecutive years and recognized as a Woman of Influence in Law.
What do clients say about working with Elizabeth?
“I was referred to Elizabeth by another attorney, and that was the best referral I have ever received. Elizabeth’s attentive, patient staff put me at ease and her expertise was apparent from the moment we spoke. Being in conflict with your own family is very tough, especially right after the death of my mother, but thanks to Elizabeth, cooler heads prevailed.”
— Lisa
“I retained Ms. Tresp as a replacement for existing attorneys due to some complications with them. I can only say that I wish I had found her earlier!! Being unable to get the prior attorney to move it along, among other concerns, Ms. Tresp was a fantastic relief. Her fees are very reasonable and appropriate. My hat is off to her and her entire firm - kudos!”
— Cris
“Elizabeth helped me with a very complicated trust issue after other lawyers I talked to shied away. I am grateful for her patience with me and the time she spent with me every time I visited. As stressful as the whole situation was, Elizabeth was always able to put me at ease.”
— Laura
These testimonials describe the experience of individual clients. Every dispute is different, and prior results do not guarantee or predict a similar outcome in your matter.
Frequently asked questions
What happens during a trust and estate mediation?
You and your attorney are shown to a private meeting room, where Elizabeth hears your position and your goals first. She then meets neutrally with the opposing party to hear theirs. From there she moves between the rooms, carrying offers, testing assumptions and narrowing the gap, until the parties either reach terms they can live with or decide the matter is not ready to settle.
Do I have to be in the same room as the person I am disputing with?
No. Most trust and estate matters are handled as caucus mediation, meaning each side stays in a separate room and the mediator moves between them. In a dispute among family members after a death, that separation is often what makes a settlement possible at all.
Is a mediated settlement legally binding?
Mediation itself is voluntary, and nothing is binding while you are still talking. Once the parties sign a written settlement agreement, however, it becomes an enforceable contract. You are free to walk away at any point before you sign.
How long does mediation take compared to probate litigation?
California probate courts are heavily backlogged, and a litigated dispute commonly takes two to three years to reach trial. A mediation can usually be scheduled within weeks and is often resolved in one or two days of sessions.
Ready to talk through your options?
Call (858) 201-7595 or email inquiries@reconcilemediation.com to ask about scheduling a mediation in Cardiff-by-the-Sea.