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Help for siblings having difficulty with mediation

On Behalf of | Dec 10, 2021 | Estates and Trusts Mediation

Siblings have access to various legal resources in Delaware to settle the estate of a deceased parent. If they are arguing over how to divide a person’s assets, one solution is to use a mediator. The following are ways that siblings can resolve a difficult mediation.

Choose the right executor

Selecting a non-family member to administer an estate is recommended to avoid further family conflicts. A family member is often biased when deciding which sibling gets which asset. Anyone who is not a member of the immediate family should serve as the executor or trustee.

Hire another mediator

The problem may be the person who is handling the mediation. He or she may lack the experience to handle the level of complexity of the case, or the mediator may show a lack of interest or compassion for the client’s needs or disagree with every person at the table. Look for a mediator who works in estate and trust mediation and is familiar with family law.

Going through a mediation is important

If mediation doesn’t work the first time, the siblings have to go to court. This option should be avoided if possible because court proceedings take longer, and everyone involved will waste more time and money. Also, the judge will not have everyone’s best interests at heart when making the final decisions. It’s important to come to an agreement with the meditator’s help.

Creating a will can help avoid legal battles over a deceased parent’s estate. The parent should write down the specific details of which family member gets which asset and when. It’s important to be fair and realistic in dividing the assets and include the proper documentation for review by legal professionals.