Learn how to resolve a family dispute peacefully.
Any family with legal disputes is interested in a solution that works for all. After all, an amicable resolution will bring the best peace and cost less.
However, family conflicts can escalate quickly with confusing legalities and a lack of strategy can result in a solution nobody is happy with.
In this guide, the most important legal strategies for families to achieve an amicable resolution to their disputes are outlined.
Let’s get to it!
What you’ll discover:
- Why Family Disputes Need Different Approaches
- Why the Peaceful Resolution of Disputes Works So Well
- Legal Strategies to Resolve Family Disputes Amicably
Why Family Disputes Need Different Approaches
Family and private law matters are different from commercial disputes. When the conflict involves your loved ones, you have more to lose than money.
Here are three reasons why a different approach is needed in family law:
The Relationships Last Long-Term
In any commercial conflict, once it is over, you may not have to see the other party ever again.
But with family matters, you might share children, extended relatives, and have to socialize with the same people for years to come.
This is why traditional “win at all costs” legal solutions often damage family relationships forever.
If you hire a family law attorney who gets this, they can help you navigate solutions that work better for you and your relationships.
It is not getting any easier: There were over 60,000 private law cases involving children in family courts in 2022.
Emotional Stakes Are Higher
A family dispute is more than a disagreement of legalities.
It’s a fight about the future of your family, whether it’s a divorce, custody, elder care, inheritance, or other personal legal matters.
Emotions run high in these disputes in a way they don’t in business matters, which is why aggressive “winning” in court often makes everyone’s life worse.
Here’s something interesting about this: Families who enter a dispute with the intention to find a peaceful resolution are more likely to end up happier with the result.
Children’s Interests Need to Be Protected
This is a big one…
Families who have children caught in the crossfire of the legal disputes need to keep their well-being as the top priority.
Court processes are often hard on children, who just want parents and other family members to get along and stop fighting.
Statistics prove again and again that children are better off if their parents are able to resolve the matters amicably.
Why Peaceful Resolution of Disputes Works So Well
One more thing you need to know before we look at the practical steps.
90% of family mediation cases are successfully resolved.
This success rate is much higher than going to court or traditional litigation and for a reason:
Costs Are Much Lower
Court cases can cost families tens of thousands, even hundreds of thousands of dollars.
Peaceful resolution of family law disputes usually costs a fraction of that sum.
Put it this way: Instead of paying a lawyer to fight against another lawyer for months, you pay for two experts who will work together to find the best solution for you.
Cases End Much Faster
Law courts are overwhelmed. It might take one year or more before your case is even seen in family courts.
Peaceful resolution allows you to wrap up the case in weeks or months, depending on the complexity.
You Decide the Outcome
Here’s the catch about going to court: A judge you have never met will decide on your family’s future.
Peaceful resolution means you keep control over the outcome, instead of handing it over to the judge.
You and your family decide on a solution that will work best for you, your future, and finances.
Pretty neat, huh?
Legal Strategies for Amicable Family Dispute Resolution
Now it’s time for the good stuff…
Let’s take a closer look at the strategies families can and do use to reach an amicable solution to their legal matters.
1. Family Mediation
Mediation is the gold standard for peaceful resolution of family disputes.
How does it work? A professional mediator who has no stake in the case at hand helps family members communicate and reach amicable solutions.
The mediator is not there to decide what you should do. They help you speak openly to each other, find compromise, and find a solution that you would not have thought of otherwise.
The numbers don’t lie: 75% of couples going through a divorce choose mediation, and the use of mediation is on the rise.
The reason it works so well is that mediation is confidential, much cheaper than court, you have complete control of the outcome and the whole process is designed to save family relationships.
2. Collaborative Law
Don’t like the idea of no lawyers involved? Try collaborative law then.
Each party still has their own attorney, but everyone involved (including you, your family and the lawyers) commit to working together to solve the dispute peacefully.
The important difference: If one of the parties cannot agree and wants to litigate, then all the attorneys involved in the process will have to drop the case and new ones will have to be found to represent you in court.
This means everyone will do everything they can to ensure the case is solved in collaboration, not in court.
3. Arbitration
Occasionally, families require a binding decision and private proceedings at the same time.
Arbitration can help with both.
The parties will present their case to an arbitrator, a neutral third party who then makes the binding decision.
Arbitration works faster than litigation, is less formal and does not happen in public court.
This is a good option for high-conflict situations and complex financial matters where mediation is no longer possible.
4. Negotiated Settlements
Negotiated settlements are not as simple as they sound.
If you and your family hire a lawyer who truly understands the importance of peaceful resolutions and the way families work, your attorney will likely be able to help you reach a negotiated settlement.
This means they will negotiate on your behalf, without a court or mediator involved.
The secret to success is: Employing attorneys who are experts at interest-based negotiation rather than adversarial bargaining.
5. Integration of Family Counseling
Wait, what?
In some situations, the legal dispute may be a symptom of deeper issues that cause disharmony in your family.
Integrating family counseling with legal strategy can help fix both at the same time.
6. Structured Settlement Agreements
This is for family conflicts with ongoing financial obligations, such as payment of alimony or financial support for children.
Structured settlements provide a legal and financial framework that prevents similar conflicts from happening in the future.
This way, you have predictable future income or obligations, instead of paying everything at once or in monthly installments.
How to Make Amicable Resolution Work for Your Family
So, you want to give peaceful dispute resolution a try?
Here’s what you should do to maximize your chances of success:
Find the Right Legal Expert
Not all family lawyers are versed in the strategies explained above.
When looking for legal help for your family, be sure to ask about your attorney’s experience with mediation advocacy, as well as training in collaborative law.
The right professional will consider court litigation a last resort.
Prepare Yourself Emotionally
Peaceful resolution requires an open mind and willingness to compromise.
This translates into: Being realistic about what you want, considering the other parties’ point of view and being willing to work on preserving the family relationships long-term.
Keep Good Documentation
Even if you and your family resolve the dispute amicably, you still need legal documentation to back it all up.
Bringing It All Together
Family and private law disputes need not be solved through a “winner takes all” approach.
In fact, 93% of divorcing parents try alternative dispute resolution methods like mediation before going to court, and for a reason.
Peaceful resolutions of family and private law matters help families achieve better solutions while keeping family bonds intact.
Keep this in mind: It’s not just about resolving the conflict at hand but also about setting the stage for better family relationships in the future.
