Today’s topic: Family dispute resolution.
Families are the places where most people find love. However, the situation can become messy and complicated pretty quickly. Disagreements happen because each person has their own opinions and characters.
In the event that family fights become so terrible that you feel the necessity to disassociate from them for the sake of your sanity, it is definitely very overwhelming.
Nevertheless, the solution of removing people from your life is not always the right one. You will have to reconcile sooner or later, especially, when it comes to inheritances, family businesses, or taking care of a senior parent.
In such cases, “keeping it in the family” is no longer beneficial. You have to bring in the big guns to offer domestic diplomacy and hopefully, resolve the issue for good.
Family Dispute Resolution: Why It’s So Hard To Settle Family Conflict?
No family history is ever without friction, some of which have more impact than others. In any case, these misunderstandings always have the ability to penetrate deeper than any kind of conflict. Past experiences that still haunt each argument, these are the times.
In case you meet a relative to clear up your differences, most probably, your talks will reveal the grievances that you have been hiding under the rug all this time. You can also expect feelings to escalate, thus making it very rarely fruitful.
When the relationships in your family turn into a fight, it might be wise to consider bringing experienced and impartial professionals as a step towards resolving the conflict. Besides, this can be a great help in protecting your emotional and mental health.
Who Can Help With Family Dispute Resolution
A professional specializing in family relationships, whether a mediator, therapist, or lawyer, offers numerous advantages compared to settling the issue in-house. They have no horse in the race.
All they care about is crafting a practical and acceptable solution for everyone, although legal processes may not necessarily be mutually beneficial.
The kind of expert and the alternative dispute resolution (ADR) method you need may vary depending on the nature of your conflict.
1. Lawyers
A legal framework is typically necessary for family dispute resolution. This is particularly true in divorce proceedings, which involve child custody and property settlement. Either spouse also needs legal representation when seeking fair alimony or spousal support.
Even so, you can contact a reputable law firm for family cases in Ogden or in your area when dealing with issues other than family splits. Their skilled counsels can help enforce legal protections, for instance, by helping establish legal paternity or securing restraining orders in domestic violence situations.
In addition, a legal advisor through estate planning can ensure that the wills and living trusts are not the cause of disputes in the family later on. They also ensure that the agreements are legally strong and up to date to continue safeguarding what you are interested in.
Most of the time, lawyers are in favor of settlements out of court, which are faster and less expensive. Besides that, they do not consume as much of the parties’ emotional resources.
If relatives are not willing to have a big fight in court, they can retain the services of collaborative law attorneys. These professionals, rather than being fighters, are more like conciliators.
In this instance, you and your relative, alongside your counsels, sign a contract pledging to stay out of court. You will need to hire another lawyer if the process fails and either party decides to file a lawsuit. Doing so makes ADR a more attractive option.
2. Family Therapists And Counselors
Giving emotional and psychological support is basically the main goal of every therapist.
Therapy is a place where trust can be restored, and relationships can be made stronger again.
The therapist digs deep into the issues that cause fights, most often it is resentment and past trauma, and helps the parties involved to understand each other instead of blaming one another.
As the go-to solution for the family with the strained relationships problem, they are the ones that can mend the emotional hurts which the law cannot.
3. Mediators
A neutral mediator facilitates structured conversations and a collaborative environment between family members. This greatly helps with family dispute resolution peacefully out of court. They’ll identify the primary dispute resolution points and set goals for the intervention.
These experts can develop a conducive setting for dispute resolution by teaching the involved parties to practice respectful communication strategies.
Note that mediators will not make decisions for you. They only guide you toward generating your own solutions. Working together, rather than adopting an antagonistic attitude, makes resolution faster and more confidential than dragging a relative to court.
This ADR strategy works in situations involving disagreements over parenting styles or when finalizing child custody arrangements or asset division, two of the most polarizing topics in a divorce.
4. Arbitrators
Arbitration sits between mediation and litigation. It’s a more formal process where an arbitrator listens to both sides before making an enforceable decision.
Arbitrators derive their authority from the contract signed by the involved parties. They’re often retired judges or lawyers, which makes sense, because they’re recognized as quasi-judicial entities.
It’s faster and less costly than paying for legal fees in a lawsuit, but more structured than mediation.
Thus, this ADR method is useful when families want a decisive ruling even without going to court. Arbitration is commonly used in financial disagreements, including family business disputes and spousal or child support.
5. Court Judges
Legal action could represent the ultimate move in the case where the parties have failed to resolve their issues through negotiation. A judge will assess the evidence and apply the law before issuing a binding decision.
As a matter of fact, they are the ones who have the final say in cases where it is difficult to see any middle ground. The court should determine issues of great importance, such as where the child should live or how to divide the family assets.
Please be aware that each alternative has its pros and cons. Moreover, therapy and mediation will work only if both parties are willing to cooperate.
When one party is rejecting the process or deliberately trying to undermine it, there can be no progress. Although arbitration and litigation may lead to a solution with greater clarity, they will inevitably cause a further deterioration of the relationships.
Taking The First And Often Difficult Step
For most families, the hardest part is usually convincing everyone to agree to professional help. Some family members will resist, and others might argue that seeking outside help will only make things worse.
Don’t be discouraged. Take the initiative and frame it as an opportunity, not a useless and costly exercise. While you need to pay private mediators, the total cost is still significantly lower when you compare it to litigation proceedings.
You can also emphasize the need for an unbiased intermediary in guaranteeing a win-win solution. Propose an introductory family mediation session and take it from there.
Family relations are complex. The closest ties that bring us the most joy can turn sour overnight. When this happens, the priority shouldn’t rest on who wins or loses. Everyone involved must strive to preserve the clan’s future.
A professional dispute mediator lives and breathes this; that’s why bringing them in is one of the most loving and responsible choices you can make.
