Creative Dispute Resolution!

There are many creative ways disputes are resolved. However, in order to come up with creative solutions, you must do your research and understand an individual’s reasoning for their position in the dispute. I have referred to this before as the “why” behind an individual’s position. For example, two sisters who can’t agree on what to do with their late mother’s beach house, ask a mediator to help them resolve the matter. One sister wants to sell the property. The other sister wants to keep the property for another 5 years. Neither sister can afford to buy-out the other and an argument ensues. After some discussion, it is discovered one sister is afraid much of the beach house property will soon be lost due to climate change and the value will drop significantly. The other sister is emotional over the loss of her mother and wants to spend time in the home for a few more years, creating new memories with her children. Instead of going to court and having the judge decide what to do and potentially having the sisters never speak again, the mediator suggests the sisters obtain a property valuation they can agree on and if the property goes below that value during the 5 years, the sister who wants to keep the property for that time, agrees to pay the decrease in value to the other sister. If, instead, the property increases in value, the sisters will split the increase in value when the property is sold after 5-years. Both needs are met, the sisters remain friends and the property didn’t have to be sold with 40% of the value going to pay attorney’s fees. It pays to do your research! Call our office for a free evaluation of your dispute, to see how we might be able to help you obtain a resolution.