Trusts and Estates Mediation and Mending Broken Relationships

Trusts and Estates Mediation and Mending Broken Relationships

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When a family has trust and estate-related grievances, relationships suffer.  It is one of the harsh facts that trust and estate attorneys can attest to, and one of the reasons why trusts and estates mediation has become the best way to settle disputes while maintaining familial relationships in the process.  If the disagreement can be settled amicably without the bitterness and expense that usually comes with the process of litigation, it just makes sense for families to take the easier route of mediation.

As divorces, remarriages and the blended families that result from them become increasingly common in the United States, disputes related to trusts and estates have become more prevalent.  This is particularly true if the last will and testament of the deceased contains vague wording or was not changed to reflect changes in the family structure that might occur later in life after the trusts or will were created.  Neglect on the part of the deceased to consider changes that have occurred within the family structure could result in bitter family disputes that separate family members and divide the family.

However, trusts and estates mediation is a way to alleviate these disputes and settle them in a way that maintains the family unit’s cohesiveness, despite disagreement.  The nature of mediation allows for the parties in dispute to communicate openly about their grievances and work out a solution that is mutually beneficial for everyone involved.  In essence, trusts and estate mediation is a process that maintains family cohesiveness and respect because it works to resolve the matter in a respectful, rational way.

In the midst of a dispute relating to the estate of someone who is deceased, a family needs a legal process that encourages mending broken relationships rather than further severing them.  Trusts and estates mediation is exactly that process.

The Win-Win Benefit of Co-Parenting Mediation

The Win-Win Benefit of Co-Parenting MediationCo-parenting mediation has become a hot topic in the field of alternative dispute resolution.  As one of the easiest and most effective ways to negotiate parenting arrangements following a divorce or separation, co-parenting mediation allows divorcing parents to work out custody and visitation schedules that work best for them and their children.  It’s a process that keeps the power in the hands of the parents rather than allowing a judge to determine what is best for the family.  For this reason, most couples who have gone through the process are not only glad they chose mediation—they are universally convinced that it is the best way to do it.

Research shows that the negative consequences divorce has on the emotional wellbeing of children stem from children being separated from one parent or the other for a long period of time.  When children are accustomed to spending time with both parents and become attached to both parents, serious emotional consequences can result from a significant change in that way of life for them.

The good news is that when a married couple with children decides that they no longer want to be married, the separation does not have to be extremely difficult on the children as long as they are able to spend adequate and equal amounts of time with both parents.  The toll that divorce takes on the children can be significantly minimized through co-parenting and joint parenting arrangements, particularly if the parents are able to be “adult” enough to avoid a nasty divorce that drags the children in the middle and requires them to “take sides.”

For this reason, the benefits of co-parenting mediation are for the entire family.  The parents are able to maintain control over their family and the future of their family, and the children are able to maintain a sense of stability, despite the fact that both parents might not be living in the same household.  It’s truly a win-win situation in what could otherwise be a very negative experience.

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How Mediators Help Interdependent Living

Condominium dispute mediation Living in a condominium requires an ability to be interdependent—at least, living happily in one does. Getting along with neighbors who share common spaces, obeying house rules, and keeping board members happy are essential skills for anyone who wishes their experience living in a condominium unit to be a pleasant one.

In order to keep the peace and keep all owners happy, condominium boards create house rules that all owners must follow. The regulations that keep everyone living peaceably are there for a reason, but disputes will arise inevitably from them, especially if the wording is vague or if owners aren’t fully aware of the details.

However, since most owners understand the need to enforce house rules, the dispute is often in how those rules are enforced—not whether the rules should exist in the first place. Still, an owner might take enforcement personally, or become hostile when faced with consequences for breaking regulations. In other situations, the wording of the rules might be vague and some owners might be given preferential treatment over others, causing dispute against the board to arise that are justified.

Regardless of how disputes happen, there is little doubt that resolving them quickly is in everyone’s best interest. Condominium dispute mediation is often the best way to do this, since communication (or the lack thereof) is often at the center of such disputes. Condominium dispute mediation allows the parties to determine the exact nature of the problem, and what each party expects of the other in response.

As a neutral, third-party negotiations facilitator, the mediator:

  1. Serves as a sounding board to help each side assess whether or not it is being reasonable in the exchange
  2. Helps each side determine potential alternatives to regulations (or the lack thereof) causing the current dispute
  3. Helps each side vocalize what they want out of the negotiations
  4. Helps each side understand the viewpoint of the other, even if that viewpoint isn’t shared
  5. Facilitates a calm, rational discussion that eases tension rather than increases it

Often, it is this process of opening streams of communication that most helps in resolving a dispute. Many disputes occur due to a lack of communication, or a lack of clear communication, resulting in misunderstandings and misinterpretations. By helping each side to adequately communicate their issues and goals for the discussion, the condominium dispute mediator clears the way for happier interdependent living.

5 Things to Expect in Personal Injury Mediation

5 Things to Expect in Personal Injury Mediation

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Many personal injury lawsuits are now mediated—some due to a judge’s mandate and others by choice of the parties in dispute.  If you are getting ready to mediate your personal injury settlement, here are five things you can expect out of the process.

  1. Expect the offer to start out low.  Mediation is a process of negotiation, so if the initial offer placed on the table is low, don’t immediately give up on the process.  Continue to participate in negotiations until the other side has reached an offer that you feel is fair and is an offer that you can live with.
  1. Expect to hear terms that might need an explanation.  While mediation is an easier process (by far) than litigation, there will likely be terminology that is used that could be unfamiliar to you.  For this reason, many people bring their own attorney with them during mediation.  However, if an attorney does not represent you, the mediator you choose will be able to offer explanation to you if there are any terms or “legalese” that confuses you.
  1. Expect the process to take more than one session.  Although mediation can potentially resolve a conflict in one setting, it often doesn’t.  Some mediation sessions take a few hours, while others take a full day or multiple days to complete.  This is because the process of mediation involves making and receiving offers, as well as private time with the mediator discussing options.
  1. Expect compromise.  With mediation, compromise is crucial in resolving an issue.
  1. Expect communication.  Communication, as the most vital tool for making mediation work, is the primary goal in mediation.  Therefore, if you want personal injury mediation to work for you, it is important that you enter into the process expecting to communicate openly about the issue causing the dispute.  For example, if the personal injury resulted in a lot of suffering beyond physical (potential loss of job or potential loss of future income), it is important to communicate these facts during the mediation sessions.

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