Mediation Works in Estate Matters
As the Scottish Bard, Robbie Bruns, said, “the best laid schemes of Mice and Men, go oft awry.” In other words, even the most carefully prepared plans can, and sometimes do, go wrong. Estate planning is no exception.
People spend many hours and thousands of dollars consulting with lawyers and other advisers to carefully draw up estate plans – some of which occasionally falter.
Family relationships can be strained by unmet expectations, sibling rivalries, poor relations between a stepparent and stepchildren, unexpected changes in health or financial positions, allegations, claims and counterclaims. For years, litigation can take centre stage. What is already a difficult experience in dealing with the death of a family member, can quickly descend into a nightmare.
The crux of these problems often stems from a lack of communication (or miscommunication) among family members and between family members and their advisers.
In both the estate planning process and the estate litigation situation, mediators are perfectly positioned to assist parties. In the planning stage this may be with the foundational work of clarifying the interests of the benefactors and their potential beneficiaries, thereby increasing the chances of overall satisfaction with the plan that is created. In the litigation stage this may be suggesting outcomes that the parties may not have considered and encouraging discussions that can lead to settlement and sometimes reconciliation.
