Florida Supreme Court Certified · Circuit Court
Both partners — David A. Yergey, Jr. and David A. Yergey III — are Florida Supreme Court Certified Circuit Court Mediators. We offer mediation as a first-choice path to resolving probate, trust, and guardianship disputes without prolonged litigation. Other attorneys may contact us to serve as neutral mediator in estate and trust disputes.
Mediation under Florida law (Fla. Stat. §§ 44.1011–44.405) can be tailored to the specific dispute. Our firm regularly serves — either as advocate or as the court-appointed neutral — in three core categories.
Will contests, accountings, beneficiary disputes
Disputes over the validity of a will, removal of a personal representative, beneficiary objections to accountings, trust modification proceedings under Fla. Stat. §§ 736.04113–736.04115, and disagreements over the sale or distribution of estate assets.
Disputes among family members and co-guardians
Disagreements over placement, medical decisions, visitation, accounting objections, and competing petitions for appointment under Fla. Stat. ch. 744. Particularly effective where family preservation matters as much as the legal outcome.
Closely-held entities, partnership and shareholder conflict
Disputes that touch both an estate plan and an operating business — buy-sell triggers on death, valuation disagreements, deadlock among family co-owners, and successor-trustee or successor-manager conflicts.
Mediation follows a predictable framework under Florida Rule of Civil Procedure 1.720 and the Florida Rules for Certified and Court-Appointed Mediators. Here is what to expect from referral through settlement.
The parties either agree to mediate voluntarily or are ordered to mediation by the probate court under Fla. R. Civ. P. 1.700. Either way, an Agreement to Mediate is signed identifying the mediator, the issues in dispute, and the cost allocation.
The mediator provides written disclosure of any prior relationships or conflicts under the Florida Rules for Certified Mediators. A brief pre-mediation conference identifies attendees, scheduling, and any pre-mediation submissions.
All parties, counsel, and the mediator meet together. The mediator explains confidentiality under Fla. Stat. § 44.405. Each side presents its view of the dispute — not to persuade the mediator, but so every party hears the other position directly.
The mediator meets separately with each party and counsel to test positions, identify priorities, and explore settlement ranges. Communications in caucus are confidential and not shared with the other side without permission.
The mediator shuttles between rooms, narrowing the gap, testing assumptions about litigation outcomes and cost, and surfacing creative options that a judge could not order — phased distributions, in-kind allocations, indemnities, and confidentiality terms.
If the parties reach agreement, a written settlement agreement is signed before anyone leaves. Under Fla. Stat. § 44.406, a signed mediated settlement agreement is enforceable as a contract. For probate matters, the agreement is typically also submitted to the court for approval.
Counsel for the parties prepare any necessary court orders, releases, deeds, assignments, or accountings required to carry out the agreement, and the probate or trust matter is closed or narrowed accordingly.
Mediation is typically faster, less expensive, and more private than probate litigation. Both partners are Florida Supreme Court Certified Circuit Court Mediators — available as neutral mediator on referral from other attorneys, or as advocacy counsel for a party in mediation.
David A. Yergey, Jr. and David A. Yergey III each hold the Florida Supreme Court certification for circuit civil mediation.
Thomson Reuters recognition for David A. Yergey III.
Legal Aid Society of the Orange County Bar Association.
Fourth-generation family firm with deep familiarity in the Orange County Probate Division.
Or as advocacy counsel for a party in mediation — the firm can serve in either role depending on what a particular dispute requires.
Call our office to speak with an attorney, or book a mediation consultation directly.
Or text PROBATE to (407) 906-9507 for a faster response.
