A Focus on Dispute Resolution

One of the few things we know is inescapable in our lives is that we will encounter disputes. Sometimes these are minor “D” disputes (arguments, disagreements, etc.) that resolve themselves over time, while other times, we may face major “D” disputes (divorce, estate planning & management, care planning, employment, personal litigation, etc.) that require some form of formal dispute resolution.

Families First Mediation has provided dispute resolution support to our clients for over 13 years. One major thing we’ve learned along the way is that many of these disputes we’ve helped with could have been avoided altogether or minimized with some pre-planning.

This is why we’ve expanded our focus to offer what we refer to as Dispute Prevention.

The Dispute Prevention process focuses on having productive conversations about potential issues that may arise in the future, and identifying solutions to those issues, or building a framework for resolution when the situation does become a dispute.

This service comes in two varieties; dispute prevention mediation allows two or more parties to come together and decide when everyone is still getting along. Some examples would be how to handle disagreements in the future, document intentions, and an agreement on a path forward.

Secondly, there is dispute prevention coaching, where an individual can get help identifying and outlining their intentions and wishes to be presented to another person or group. This could be in support of mediation or a legal process, to start negotiations, or to provide context for decisions you’ve made.

Here is an example of dispute prevention mediation with pre-marital planning. In the bliss of beginning to plan a life together, most couples don’t think of how many difficult decisions they’ll face along the way.

Do you both want children?

Will one stay home to raise the child(ren)?

Will accounts be shared or kept separate?

How will decisions for big purchases be made?

How will gifts of money from family be handled?

What happens IF there is a separation?

While some of these may seem trivial to you reading them, they often pose significant issues that threaten or break up relationships. Mediated conversations at the start of their life together to help them have productive conversations and capture their agreement can help map out a future with complete understanding.

Here’s an example of dispute prevention coaching with estate planning. After the planning documents are prepared, people believe that their wishes are laid out and that their family can fill in the gaps about what they would want and will make decisions in their best interests or aligned with their wishes.

Does the attorney have enough details to know how to advocate?

Why was an attorney or trustee selected?

Are expectations, intentions, and wishes defined?

Are funeral arrangements documented?

Has pre-inheritance or family loans been accounted for?

Has direction been provided as to how disputes should be managed?

Is there a health and care plan?

When someone’s voice cannot be heard, a dispute prevention document provides essential information to attorneys and beneficiaries, avoiding or minimizing future disputes or challenges to plans.

More broadly, the processes, either mediation or coaching, can be used.

- To opt out of some legal obligations and/or requirements

- In good faith, on an interim basis, to provide you with breathing room

- To support a legal process

- To ensure your wishes are known

I’m sure everyone can agree that it’s better to stop something from happening than to deal with it after it’s happened.

Discussing, agreeing, and documenting your intentions is a wonderful way to take sometimes difficult issues off the table and allow you to focus on the relationship, job (job doesn’t fit in with these examples) or know that your wishes will be followed or understood in the future.

To find out more about our approach to dispute prevention, visit http://familiesfirstmediation.com/dispute-prevention/. You can email me at robert@familiesfirstmediation.com or call 647–692–7744 to discuss how we can help.

Families First Mediation knows that family disputes aren’t just separation and divorce. We help clients prevent and resolve any dispute that impacts their family. Our broad range of services offers clients choice, providing them with the right solution at the right time.