In family disputes, it’s common for emotions to run high. Since these conflicts occur between relatives, they can be stressful to deal with. When the relationships are marked by poor communication, this further intensifies disputes.
On ContractsCounsel, an online legal network, you can connect with and hire a lawyer to help you diffuse family disputes. They will guide you through the dispute and resolution processes, while protecting your interests and even handling communication on your behalf.
Read the rest of this article to learn about the different types of family disputes, how to prevent them, the steps to take to deal with them, and when it’s in your best interests to call a family lawyer.
What are Common Types of Family Disputes?
Although family disputes can sometimes involve events like divorce and separation, this article explores the arguments that involve family members. They include:
- Inheritance. This is one of the most common types of family disputes, usually arising when a family member does not feel included in the deceased’s will or will planning.
- Elder care and responsibility. Family members might disagree over the care of a senior relative, such as a parent or grandparent.
- Properties. These can include inherited or shared properties.
- Financial issues. Family members could argue over financial problems such as debts, investments, or loans. If they work together, they could argue about salaries or other payments.
What Causes Family Disputes?
The issues outlined in the previous section can be triggered by specific causes, such as:
- Poor communication. This can make small misunderstandings become larger, more stressful, disputes.
- Financial pressures. Money can cause many disputes, such as if people have different ideas regarding saving it, or if one party is experiencing financial instability.
- Poor documentation. Not having wills or other important documents in writing could cause disagreements.
- Power struggles. There could be control issues in the family dynamic, causing people to clash over decisions, such as how to care for senior parents.
How Should You Deal with Family Disputes?
When a dispute arises between family members, it’s usually the case that you don’t want to take legal action right away. Here are some things to consider when a dispute occurs so that you can deal with it effectively and out of court.
Address the Issue Right Away
It’s never a good idea to ignore the issue you’re dealing with, as it can quickly escalate. Reach out to your family members to discuss how it’s affecting you and how you wish to resolve it.
Try to be empathetic so you can listen to their points of view and try to find an agreement that all parties feel is fair.
Consider Having a Third Party Present
It can be challenging to see eye-to-eye with those closest to you, so consider asking a neutral third party to oversee your negotiations. They’ll be able to keep your emotions in check and guide the conversation so that you focus on resolving the argument.
Hiring a mediator can help you in this regard. Mediation is a popular dispute-resolving method that keeps the argument out of court.
Write Down Agreements
If you and the other party come to a resolution, get it down in writing. This will keep you both accountable and it prevents you from future misunderstandings.
What are Legal Solutions for Family Disputes?
Unfortunately, informal negotiations don’t always provide you with the outcomes you were expecting. There are legal options to consider.
Arbitration
Resolving a family dispute might require a more formal process than negotiation or mediation, while still keeping the argument private and out of court. Hire an arbitrator to hear all parties’ concerns and deliver a final decision that can be legally binding.
It’s an effective solution because it’s less time-consuming than going to court and the arbitrator’s decision carries legal weight.
Litigation
For serious disputes, such as those involving breaches in the family business or fraud, you might need to choose litigation as a last resort. This is when you take the dispute to court, where the judge decides a legally-binding remedy to resolve it.
A court order is legally enforceable, so all members will have to comply with it or they could land in legal trouble.
What Contracts Can Help You Prevent Family Disputes?
While you can try to prevent disputes in the family by keeping communication open and empathetic, and addressing any small issues as soon as they arise, contracts can help you to have a legally enforceable document to keep them at bay.
Although not all family disputes can be prevented with a legally-sound contract, these agreements can be useful in some situations. Here are beneficial contract examples.
- Wills. A well-drafted will clearly outlines who gets property and assets after someone’s death. It prevents ambiguity that can result in family disputes.
- Trusts. These contracts hold assets for specific family members, such as to protect beneficiaries or fairly distribute assets between members.
- Partnership contracts. If family members are in business together, they should sign partnership agreements. These should outline all parties’ duties and dispute-resolution strategies.
How Can ContractsCounsel Help You During a Family Dispute?
When you hire a lawyer to help you deal with a family dispute, you’ll have peace of mind that they’re guiding you to the best decisions and outcomes. Lawyers on ContractsCounsel are vetted with many years of experience in helping people deal with family arguments.
Hiring a lawyer can help you in various ways:
- They give you objective, neutral guidance. You might not be able to see all sides of the dispute, especially if the issue is emotional, so a lawyer can help you to explore your emotions logically.
- They have legal knowledge. Without a legal background, you might struggle to know how all the laws and regulations apply to your specific situation. Lawyers will clearly explain all your rights.
- They negotiate on your behalf. They communicate with your family members so you avoid stressful conflicts.
- They help you draft wills and other documents. These ensure that you can protect yourself against future disputes.
- They represent you in court. If your family dispute ends up in court, they’ll represent you and strive to protect your interests.
Do you need to hire a family lawyer?
If you’re involved in a family dispute, or you need a contract drafted, hire an experienced lawyer from ContractsCounsel. They’ll help you navigate a family dispute and resolve it in a timely, legal matter. They can also draft and review contracts to protect you.
