Families should try mediation if their goal is to resolve a dispute while at the same time preserving their relationship with one another.
Conflicts over family cottages are often not about legal issues but relationship issues. Mediation works well in these kinds of dynamic conflicts because mediation is a collaborative process. It brings everyone involved in the conflict together and gets them talking, hearing each other out, and creating compromises everyone can agree to.
Unlike going to court, mediation isn’t adversarial and doesn’t impose a final judgment that may not satisfy anyone involved. Instead, mediation puts the interests of each family member at the centre of the process and finds solutions that work for everyone.
So, mediation is how families can stick together while dividing the cottage.
The short answer is “yes.”
It’s challenging for families to resolve their own conflicts – and it can be especially difficult when strong personalities are at play. But this is exactly a scenario where founder and principal mediator Jen Norman is equipped to help.
Jen is a professional mediator and labour and employment lawyer who has years of experience resolving the most delicate labour and employment disputes. She has also been trusted by senior leaders to provide strategic and pragmatic advice. So families can count on Jen’s years of experience and skill to ensure cooperation during the mediation process – even among strong-willed members.
Prior to mediation, Jen will work with your family to establish ground rules for communication. And during mediation, Jen will ensure everyone follows these rules and has an equal chance to voice their concerns and be heard. And if the mediation gets heated, Jen can caucus family members into private sessions to make sure that the process continues.
Please don't hesitate to reach out if you’re on the fence about mediation. We’ve seen how often it can help families find closure, heal, and resolve their issues with each other – and we’d love for you and your family to find the same.
A successful cottage mediation ends with the participants creating a list of mutual agreements which are summarized in a Memorandum of Understanding. All parties involved sign the Memorandum of Understanding, which sets out decisions, future behaviour and actions. The signed Memorandum has a similar weight to a binding contract.
The parties themselves can also decide as part of their agreement what mechanisms can be used to enforce the Memorandum of Understanding.
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