Whenever families gather together, an argument is likely to occur. It may be about politics, a board game or the merits of a sports team. These minor disputes are usually resolved in a short amount of time and everyone moves on to the next topic.
However, there are some issues that split a family apart. And, in extreme cases, people who were once close, now find themselves sitting on opposite sides of a courtroom.
Preventing costly litigation
Family disputes occur for various reasons, including:
- Inheritance problems, due to things such as unequal distributions, sibling rivalry, sentimental attachment to certain assets and believing there was undue influence on the deceased.
- The care of an elderly family member. Conflicts erupt over medical treatment, the decision for more skilled care or the accusation of financial mismanagement if one child was named as power of attorney.
- A family business, where one person believes that another family member isn’t doing their fair share or differing opinions on the direction the company is going.
While any dispute is challenging, the emotional aspect makes family disputes even more complex. Using the court system and litigation to settle the issues can make the rift larger, making any chance of reconciliation unlikely. Furthermore, it impacts more than the disputing parties. Family arguments branch out to other members of the family tree, sometimes lasting for generations.
Mediation may be a better option for resolving family disputes for the following reasons:
- By eliminating attorney fees and court costs, mediation is more cost-effective. Thus, families can preserve financial resources.
- Proceedings are private, unlike court cases, which are made public.
- With a focus on open and respectful communication, it helps family members to listen to each other and work towards a solution.
- Rather than let a judge make a decision that leaves one party dissatisfied, mediation lets everyone have their say and arrive at a satisfactory decision for all involved.
The greatest advantage of using mediation instead of litigation is that it helps preserve family relationships. Family members can maintain their bonds by having the opportunity to communicate and find compromise.