As a nonprofit organization, legacy gifts and endowments are vital to your mission. But when trust and will disputes jeopardize this funding for you and those you serve, it can feel like you are at the mercy of the complicated legal process. Further complicating matters is what is referred to as a “Breslin Mediation”. In California, probate courts can order mediation between parties to litigation in an attempt to resolve the lawsuit, and such an order has serious implications for beneficiaries who are not even involved in the lawsuit. We are here to explain the intersection of Breslin Mediation and nonprofits so that you can protect your legacy gift to continue your life-changing work.
“Breslin Mediations can be a double-edged sword for nonprofits. On one hand, it can help resolve a case informally and save the parties the significant time and expense of further litigation and trial; but if a beneficiary does not participate in the mediation, they can be stuck with the result, even if it means their distribution is reduced or eliminated. ,” said Ali L. Nicolette, an Associate at Gokal Law Group who has experience administering appeals of social services and class action litigation for disabled clients and has received recognition for her extensive pro-bono advocacy work. Ali also served as a Fellow for Disability Rights California, focusing on Medicaid class action litigation. “Even if a case has not advanced to litigation, nonprofits need an attorney who will advocate for them and enforce their rights so they can receive the endowment left to them by deceased donors and ensure their legacy is protected,” she said.
Breslin Mediation and Nonprofits: What to Know
Breslin Mediation is a very common aspect of trust and will litigation. Because of this, it is crucial for nonprofit organizations to understand the impact it could have on their endowment. Here is what you need to know about Breslin Mediation and nonprofits.
What is Breslin Mediation?
Breslin Mediation refers to court-mandated mediation that all parties to a lawsuit must participate in before proceeding to trial. The parties to the lawsuit must notify any beneficiaries to the trust or will who are not a part of the lawsuit and who may have an interest in the estate, including notifying them of the date, time, and location of the mediation.
If a beneficiary, including your organization, refuses or otherwise fails to participate in the Breslin Mediation, they risk losing the gift or endowment that was originally left to them in the trust or will. Because of what’s at stake, having an attorney with experience in representing nonprofits during mediation is crucial.
The most common causes of trust litigation for nonprofits are beneficiary disputes and trustee misconduct, both of which can jeopardize your nonprofit’s mission. In either situation, the courts can mandate mediation. Here’s how this can affect you.
Related Article: What is a Breslin Mediation in California?
How Does Breslin Mediation Impact Nonprofits?
Breslin Mediation can have a considerable impact on a nonprofit organization, especially if they are unsure how to navigate this complicated process.
While it can be a valuable tool for resolving disputes efficiently and cost-effectively, there are potential risks and pitfalls that you need to be aware of:
- Loss of control: You could forfeit control over the outcome of the mediation if you do not actively participate with the help of a lawyer.
- Delayed resolution: Mediation can be a time-consuming process, delaying the distribution of funds to your organization. Delayed funding could impact your operations and cause you to be more reliant on fundraising. An expert attorney will understand how to navigate and streamline this process.
- Potential for unfavorable outcomes: If you do not have strong, steadfast representation, you could agree to a settlement that is not in your best interest, hurting your organization, the cause you have dedicated yourself to, and the countless people who rely on your philanthropic efforts.
Related Article: Why You Shouldn’t Turn Down the Opportunity to Mediate
How Can Nonprofits Protect Their Interests?
Ultimately, when discussing Breslin mediation and nonprofits, what matters most for organizations like yours is protecting your interests, which means something more for nonprofit organizations. Your interests and mission impact countless people, so the stakes are even higher. Here is how you can defend your interests and cause.
Related Article: What You Can Learn from Early Mediation
Participate in Breslin Mediation
First and foremost, to protect your interests, you need to understand what’s at stake. The outcome of mediation can have a substantial impact and long-term consequences on your organization’s ability to fulfill its mission.
Because of what’s at stake, you should always participate in Breslin Mediation when the court orders it.
If you decide to participate in mediation, you must ensure that you are able to overcome arguments and advocate for a fair agreement that doesn’t require you to compromise your cause.
Mediation requires more than just good negotiating skills. It requires an intimate understanding of the legal claims and defenses made by the parties in the lawsuit, the strengths and weaknesses of those arguments, and the likelihood of success of those claims at the time of trial.
Therefore, it is recommended that utilize the expertise of experienced trust litigation counsel who are familiar with the needs and goals of nonprofit organizations like yours.
Seek Expert Counsel
The best way to protect your interests and cause is to work with a trust litigation attorney who is familiar with the needs and goals of nonprofit organizations. A skilled and seasoned lawyer will be able to mediate on your behalf and leverage legal strategies to give you an advantage at mediation and defend, and sometimes maximize, your gift.
For example, if one party refuses to participate in mediation, a lawyer will understand that gives you the opportunity to have a greater influence during this process so that you can receive the endowment gift you deserve.
In such situations, your attorney will be able to capitalize on this situation to defend the legacy gift a donor has left behind for you.
A lawyer with ample experience in mediation and trust litigation for nonprofits can guide you through the complexities of Breslin Mediation and defend your rights.
Further, just because your organization engages in Breslin Mediation doesn’t mean you will avoid litigation. If the case does not resolve during mediation, it may proceed to trial, which is when having premier representation is crucial.
Related Article: How Gokal Law Group Helps Clients Succeed in Litigation
Does Your nonprofit Need Help Navigating Breslin Mediation? Let Us Support You and Your Cause.
When disputes arise, and you receive notice of a Breslin Mediation, the complex legal process can not only distract you from your cause – it can completely undermine it. However, when you work with a premier team of nonprofit litigation attorneys like at Gokal Law Group who specialize in Breslin Mediation and nonprofits, you can rest assured that your mission will not be distracted by disgruntled heirs. We are as dedicated to your cause as you are, and we will fight on your behalf.
Don’t let legal battles derail your mission. Schedule a consultation to defend your interests during mediation and, if necessary, in court during trust litigation for nonprofits.