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But He Wanted ME To Have It! Mediation And The Fine Art of Resolving Estate Disputes

Saturday, December, 29, 2012


 

Mediation is effective and beneficial method of solving a wide range of disputes; however, the nature of the dispute can certainly make it one that is perfectly suited for mediation, as opposed to other forms of dispute resolution.  Mediation for family disputes, especially disputes involving trusts and estate planning, is an example.   


For example, a common dispute that is handled through trusts and estate mediation is contesting or interpreting a will.  In many of these disputes, one family member will make allegations that the testator was incapacitated or not thinking clearly when making a decision regarding the estate or trust.  This allegation is often based on a lack of knowledge of the specific circumstances surrounding the testator’s final moments—circumstance that might not be clear to all members of the family.  When these circumstances are made known and the entire family knows what only one or two members knew before the mediation proceedings, resolution can be reached more quickly. 


This type of misunderstanding within a family is common.  However, one need only look at your own family interactions to understand how this can easily happen—even to the most close-knit of families.  Each sibling has his/her own relationship with each parent separately and a lot of things go unsaid and unknown based on these staggered relationships.  This is why open communication, which mediation encourages better than any other form of dispute resolution, does so much to resolve the issue. 


Another significant benefit of mediation is that it leaves fewer hard feelings in the minds of family members who would feel otherwise if they were dragged through the embarrassing the expensive process of litigation.  Family members are aware that their long-term relationship is important, and therefore, have more reason to preserve that relationship than anyone else involved in a different type of dispute.