The standard field sobriety test is comprised of three tests: the one-leg stand, walk and turn and the horizontal gaze nystagmus.  This test monitors a person’s gross and fine motor abilities, as well as the cognitive ability of a subject to listen to instructions and follow them.  These tests are supposed to help law enforcement officers determine if a driver is impaired.  However, poor performance on one or more of these tests can be due to other causes that have nothing to do with sobriety.

Medical Conditions

For example, the subject may suffer from a medical condition that makes it difficult for him or her to perform the tests.  A one-leg stand may be difficult for someone who has a medical condition related to his or her knees or back.  Additionally, some medications may affect a person in ways that are associated with alcohol intake without actually impairing the individual.  Overweight individuals may also have difficulty performing certain tests.

Balance Problems

A number of medical conditions also impact a person’s balance.  However, poor balance may simply be a natural characteristic that causes the individual to perform poorly on such tests.

Age

Individuals who are over the age of 65 should not usually be given the test.

Environmental Factors

Roads that are slippery due to rain, sleet or snow may make it difficult to perform such tests.  Windy conditions can make it difficult for individuals to pass such tests.  The same is true if the road is rugged or has cracks in it.  Even the subject’s shoes can impact the results of a field sobriety test.

Tiredness

Another possible factor is that the subject is tired.  Drivers are often pulled over during the middle of the night when they may be heading home to finally get some sleep.  Tiredness can affect their dexterity and overall performance on these tests.

Mediation is an effective tool for settling inheritance disputes for a variety of reasons. They can assist in the settling of general disputes related to an estate, including contested wills. If the goal is to keep the involvement of the courts to a minimum in the settlement of an estate, mediation offers a fast and efficient tool for accomplishing the goals of everyone involved.

All types of alternative dispute resolution can play a role in inheritance disputes, but mediation is particularly effective because it recognizes the human side of the issue. Often, cases that arise from contested wills or contentious probate claims involve people who are still mired in the grieving process. Forcing them into the cold and sterile legal system can leave them feeling bitter, resentful, and incapable of handling such a matter during a dark time. Litigation is a sure-fire way to separate families and destroy relationships at the exact time family members should be pulling together to cope with their shared loss.

Mediation provides a safe venue to air grievances without destroying relationships. It provides a fast, efficient settlement by removing many of the most time-consuming court procedures. Mediation also allows for a settlement without creating a hostile environment of winners and losers. It is possible for everyone to walk away from an inheritance mediation happy with the result.  The goal of mediation is to open the door for disputing parties to design a resolution that is fair and satisfactory to everyone involved. As long as participants are willing to be open-minded and honest, there is no reason why a solution cannot be created that satisfies the requirements of the law and allows everyone in the family to move forward peacefully and without resentment. Though the cost is often the main factor for a family to choose mediation for settling an inheritance dispute, the other benefits can be even more rewarding.