Often families find themselves at odds with one another – and sometimes it requires outside intervention. Whether it is a dispute related to a family business, elder care, or probate issue, the conflict experienced by families can have long lasting negative effect on individual family members. Sometimes family members even secure attorneys and begin litigating against one another.
However, mediation is an option for the vast majority of family disputes. Unlike litigation, mediation of family disputes can address problematic relationship dynamics as well as issues of law. A mediated solution is win-win, there is no loser.
This is especially important in family disputes. Family disputes, regardless of the nature, are replete with the long standing familial and relationship issues that have formed over decades. Siblings arguing over a deceased parent’s belongings are bringing their own personal relationship histories into the discussion even if they are not aware of it.
Consciously or not, family members are often trying to resolve or address long-standing and seemingly unrelated conflicts, hurts, and resentments when dealing with a family issue. Family businesses are not immune to this. Nor are disagreements related to the care of an elderly relative or estate issues.
The legal system cannot address the family nuances in the relationships – it is not able to attempt to heal the rifts and creating mutually positive resolutions. The legal system can only determine a winner and loser – who is right and who is wrong. Mediation can address the all of the issues, including ones that are not an issue of law, facilitating as positive resolution as possible for everyone involved.
Elder Care Issues:
Sadly, family discussions about major decisions can turn into drawn-out stalemates where the elderly parent or family member ends up suffering as the victim (when it was their well-being at issue in the first place!) The decision making process can also open up old and often petty wounds – “Mom always liked you best” is not a productive path to follow in attempting to make long-term care decisions.
Probate Disputes
Losing a family member is almost always is an upsetting event for family. Unfortunately, it is not uncommon for difficult relationships between family members to explode in a all-out war over the settling of the estate. Too often, these already strained relationships are destroyed by disagreements over the estate, sometimes destroying the relationships of extended family members as well.
Family Business Disputes
Family businesses are not immune to family squabbles. By their very nature, family owned and operated businesses are breeding grounds for conflict. Often the business brings together several family units and spans multiple generations, this only increases the likelihood of family disputes playing out in the family business. Family politics and conflicting viewpoints may result in some uncomfortable moments during family gatherings, they can result in tremendous problems and obstacles in the business setting. Additionally, because it is “family”, those involved are often reluctant to acknowledge that any issues the business may be having might be due to family related strife – they are unwilling to identify this day-to-day behavior as workplace conflict.
Other Family Conflicts
At times family members may simply find themselves in entrenched in relationships that are not working. Perhaps a grandparent wants to see a grandchild, but their relationship with the parents is too strained. Although this is not something that can be addressed through the courts, it is something that can be addressed through mediation.
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Additional Reading
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