Legal family conflict can be frustrating and expensive. If you are currently in the midst of a legal battle with a family member, you are probably searching for ways to resolve the conflict without going to court. While some family disputes can only be resolved by a judge, there are many instances where alternative resolution methods, such as mediation or negotiation, can be just as effective—if not more so.
Here are six strategies for resolving legal family conflicts:
1. Meditation
Mediation is a process in which an unbiased third party promotes conversation between two parties to assist them in reaching an agreement. Mediators do not make decisions or offer legal advice; rather, they help both sides come to an agreement that everyone can live with.
If you are considering mediation, it is important to choose a mediator who is experienced in family law and has the temperament to handle delicate situations. Not all mediators are created equal, so be sure to do your research before selecting one.
2. Collaborative law
Collaborative law is a process in which both parties agree to work together to resolve their dispute without going to court. The parties and their attorneys sign a contract stating they will not go to court, share information openly, and work cooperatively to reach a resolution.
Collaborative law can effectively resolve family disputes because it encourages both sides to communicate and cooperate. It is also less adversarial than traditional litigation, which can benefit families who want to maintain a positive relationship. Just make sure to choose a family attorney who is experienced in this type of law and who you feel comfortable working with on such a personal issue.
3. Arbitration
Arbitration is similar to mediation in that it involves using an impartial third party, but there are some key differences. First, arbitration is binding, meaning both sides must adhere to the arbitrator’s decision. Second, arbitrators have the authority to make decisions and offer legal advice, whereas mediators cannot.
As such, arbitration is often used as a last resort when other resolution methods have failed. You should only consider arbitration if you are confident in the arbitrator’s ability to make a fair and unbiased decision.
4. Negotiation
In many cases, legal family conflicts can be resolved through negotiation between the parties involved—often with attorneys’ help. Through negotiation, both sides can come to an agreement that everyone can live with without going through the expense and stress of litigation.
That said, not all cases can be resolved through negotiation; if negotiations break down or one party refuses to negotiate in good faith, other methods may need to be explored. You will likely need the help of an experienced lawyer to guide you through the negotiation process.
5. Court-Ordered Settlement Conference
A settlement conference is a meeting held before going to trial in which both sides meet with a judge or mediator in an attempt to reach a resolution without having to go through a trial. Settlement conferences are often mandatory in some jurisdictions and can help resolve legal family conflicts without the need for trial.
The downside of settlement conferences is that they can sometimes drag out the litigation process if no agreement is reached during the meeting. Also, if an agreement is reached, it may not be as favorable to one party as a trial would be.
6. Trial
If all other methods of resolution have failed, then the trial may be necessary to reach a resolution in your legal family conflict. Before going to trial, it is essential to consult with an experienced lawyer about the pros and cons of taking your case before a judge or jury.
Trials can be expensive, time-consuming, and emotionally draining, so they should always be considered as a last resort. You should also be prepared for the possibility that the outcome may not be what you had hoped for.
No matter what method you choose to resolve your legal family conflict, it’s essential to seek the help of an experienced lawyer who can guide you through the process and protect your interests. No one wants to go through the expense and stress of litigation—but sometimes it’s necessary to settle a legal family conflict.
If you find yourself in such a situation, consider exploring some alternative conflict resolution methods. With any luck, you’ll be able to reach an agreement without setting foot inside a courtroom. So, make sure to choose a lawyer who is experienced in this type of law and who you feel comfortable working with!
