When disputes arise about the
distribution of an estate, no one really wants to end up in court.
That’s why mediation is becoming a valuable process for family members
and other beneficiaries, who have disagreements over the terms of a will.
It gives them an alternative beyond complaining to the Commissioner of
Accounts or suing their relatives. The
idea of mediation is simple - when the parties can’t reach agreement on their
own, they bring in an impartial mediator, skilled in negotiation and family
dynamics, who conducts an orderly, non-threatening problem-solving process. Mediation gives family members the opportunity to make
informed, mutually agreeable decisions in a comfortable, positive environment.
What happens during the
mediation process:
·
Structured Discussion. Key parties meet with the mediator in group and individual
sessions to define the issues, identify individual needs and options for
settlement.
·
Problem-focused. The mediator keeps the parties on task, concentrating on the
problem, not on the personalities and behavior of the people involved.
·
Ground-rules. Mediators
keep destructive emotional displays, manipulation and intimidation out of the
discussions.
·
Confidentiality. Because mediation sessions are strictly
confidential and cannot be reported in court, participants feel more relaxed and
safe about talking to the other parties and saying what is important to them.
Why is mediation especially good
for resolving family estate matters?
·
Non-monetary Needs. Sensitive, emotional factors can be thoroughly addressed in
confidence; family members’ real
interests are identified and understood.
·
Relationships. Reaching
an outcome through a non-adversarial process encourages better future
relationships.
·
Time-saving. Mediation
can expedite estate settlement, where family members previously been reluctant
and slow to discuss sensitive matters.
MediationWorks can schedule a mediation session
as soon as the parties agree a convenient date and time.
