Estate disputes often arise because a certain history exists amongst family members. The elephant in the room is how do we deal with years of events, emotions and feelings when dealing with a dispute? In that regard mediation is no different than family law.
To truly create a safe environment for resolving disputes a mediator must skillfully understand and manage from the present and then nudge forward with the issues. This moves parties from looking backwards and then being stuck because of it. While an estate mediator can allow venting and looping back this cannot sabotage the process and stymie moving forward. Human relationships are complex and the goal is to unravel that complexity to allow open discussion.
What are some of the things that make parties look backwards? There may be many things. Below are a sample of some of them.
- A history of poor communication amongst siblings or parents;
- Perceived favouritism by one parent toward one or more children;
- One or two children caring for an elderly parent and no other siblings;
- Unequal division of family gifts;
- A lack of family support in the family unit.
The list is not exhaustive. However it hits on a number of key issues that seem to arise most frequently in estate disputes.
Can you think of ways to deal with these issues? The mediator must unravel these types of questions in order to get communication flowing. Depending on mediation style, an estate mediator may reach out prior to the mediation to have a better understanding of these potential issues. For your part, if you are attending a mediation think about your family dynamics and what may present a roadblock to resolving a family dispute. It will help you to face these challenges head on. An experienced estate mediator will make every attempt to use a process so that these types of issues do not create an impasse. Being aware of this approach ahead of time will help the process move better.