Despite your best efforts, it’s still possible for disputes to pop up with guardianships, whether from family conflict, neglect concerns or simply differing opinions about the care of an individual. Litigation is often a default approach, but mediation can be a much more helpful solution. The following are 5 ways a mediator can help resolve guardianship disputes. 

 

1. Identifying Areas of Common Ground
Part of the mediator’s job is to identify areas of common ground, where both parties can find a shared interest to build from. Even if both parties disagree on details and specifics, finding shared values and goals can open up the discussion.

By suggesting creative solutions and potential compromises, mediators can keep the focus on the ward’s needs and wellbeing while finding options that both parties can agree on.

2. Opening the Lines of Communication

The mediator represents neutral ground, where both parties can express their concerns and needs without the risk of judgment or escalated protocols. By actively listening to both sides of a dispute, mediators can help clarify misconceptions and misunderstandings that one or both parties may have missed, further encouraging open conversation.

 

3. Enabling Agreements

Mediators are able to help draft legally-binding agreements that can outline terms of a guardianship, as well as establish the appropriate measures to ensure and monitor compliance to the agreement terms.

 

4. Salvaging Relationships

By minimizing tension and hostility, mediators can help family members preserve relationships as well as lay the groundwork for building stronger trust.

 

5. Significant Cost & Time Savings
Mediation is a much less expensive and time-consuming process than litigation, and the process is typically much faster overall. In addition, mediators can typically offer more flexibility with scheduling than a formal litigation process. Mediation is also a private affair, as opposed to a court proceeding, which is public. 

 

Mediation is all about understanding differences and talking through the strengths and weaknesses of conflicting positions, and ultimately coming to an acceptable resolution for all parties involved. 

We can help. The experienced attorneys at Wills & Wellness Estate Planning can help with disputes arising from probate, trust administration, elder care, guardianships, and conservatorships. Contact us today to learn more.