Even with someone in charge of an estate, like an executor, conflicts between beneficiaries may be unavoidable, especially when a huge inheritance is at stake. And because of the intricacies of familial relationships, estate disputes can make the members feel very emotional. So, you’ll find that their arguments are often driven by those emotions.
However, these arguments are not always intentional. They might just fade away with time. So, it can be more helpful to use a calm way to solve these arguments that focus on maintaining good relationships, like mediation.
Preserving relationships
There are several reasons why mediation may be preferable when resolving estate disputes. We cannot deny that it is faster and more cost-effective. It also offers control and flexibility in finding solutions.
But more importantly, its advantage lies in its ability to preserve relationships among those in conflict. Since it offers a neutral and confidential space, misunderstandings may be cleared up through open dialogue.
For example, beneficiaries can openly share their concerns and issues during mediated discussions. This helps disputing parties to discover shared perspectives and common goals. Those involved may be able to empathize with one another and understand where each one is coming from.
In short, the process does not just resolve conflicts. It also promotes better listening and communication skills. This way, family members may be able to rebuild trust and heal strained relationships.
There can be drawbacks
Yes, mediation seems to be an ideal solution for resolving estate disputes. Still, like any other resolution, it can still present some drawbacks:
- It is voluntary participation: It relies on all parties’ willingness to engage in the process. You cannot force everyone into it. And anyone can withdraw from the mediation process at any point.
- It offers limited authority. There is a chance that the person with the authority to make decisions may be unavailable. They may be unwilling to negotiate or settle the dispute during mediation.
- Informal nature: Mediation lacks formal rules, which can sometimes lead to uncertainty about the process.
If the parties involved cannot reach an agreement, they can still turn to litigation. But again, many disputes find resolution through mediation.
Mediation promotes teamwork and agreement, even when there are differences. While there can be downsides, choosing mediation can help family members strengthen their connections during challenging times.