Looking Back At 2023: Changing Trends In Mediation Clientele

Each year at the Centre for Mediation and Dispute Resolution we look to detect patterns, changes and trends in the mediation population by comparing our clients from the past year with clients from prior years. Although 2023 witnessed the “unmasking” of clients, at least for the majority, Covid induced changes were still evident. Most obvious was the 2020 introduction of remote mediation. The advantages in savings of time and money by using electronic devices rather than traveling for in -person mediation remained a popular choice among many participants, even those within easy commuting distance. Once again, some clients chose the hybrid route—coming into the office for some meetings and remote for others. Undeniably there are some who will always prefer the personal connections that in person mediation offers—an opportunity to see and experience the setting and to interact, up close and personal, with the mediator.  Others are quite comfortable with remote meetings, having learned during Covid to rely on the electronic medium to communicate and exchange information.  Undeniably we, at CMDR, will continue to offer our clients the choice.  In retrospect, the introduction of remote mediation has extended mediation’s outreach capacity. The mediation population has grown as more individuals become knowledgeable about the process without the imposition of distance imposed on their willingness to enter mediation. Consider, for example, family mediations where the members of the family live in different locations but can now gather on one screen to participate in the mediation process. The same analogy is true for businesses.

And now back to the focus of this article, in 2023 we observed the following trends:

FROM OUR SEPARATING, DIVORCING, AND DIVORCED CLIENTS:

• An increased number of couples who, in retirement, have decided to divorce;
• An increased number of couples who decide to permanently separate, entering into a financial agreement, without going to court for divorce proceedings;
• An increased number of couples who are able to assume mortgages, thereby preserving the low interest rate as one spouse buys out the other’s ownership interest;
• An increased number of couples maintaining joint ownership of real estate, thereby delaying the sale of the property in the hope that when they purchase new residences, the finance rates will have decreased;
• An increased number of couples returning to mediation to update agreements which were not filed at the time of original drafting;
• An increased number of divorcing couples with prenuptials agreements, some of whom elect to follow the terms and others that ignore all or some of the provisions of their premarital agreements;
• An increased number of couples who have just inherited money;
• An increased number of couples who wish to submit agreements that, for fairness and equity, deviate from the state laws governing alimony and/or child support; and
• An increased number of couples with children with disabilities, requiring the crafting of detailed parenting plans to ensure their children’s long -term welfare.

FROM OUR FAMILY MEDIATION CLIENTS:

• An increased number of conflicts between grandparents and the children’s parents, including perceived interference in child rearing practices; in kind and number of visits to be with grandchildren; and attitudinal differences among the adults;
• An increased number of conflicts centering on entitlements to inheritances and distribution of assets both before and after the death of the donor;
• An increased number of disputes focused on the care of aging parents, including personal and financial responsibilities and living options;
• An increased number of disagreements between young adult children and their parents; and
• An increased number of disagreements among children working in family owned business as well as child-parent disputes in family owned business.

In reviewing the nature of family disputes, it becomes evident that one cannot easily classify these interactions.  Not only are families distinct but their histories have long roots, further entangled by new relationships from marriages and friendships and birth of children.  Mediation provides a forum for focusing on the here and now and working together to structure solutions that respect the feelings and views of all members.  The key ingredient lies in the willingness to engage in conversation and to work productively to craft solution strategies.

FROM OUR BUSINESS CLIENTS:

• An increased number of business partners where one or more of the principals is unsure of whether retirement or reduced work involvement is what they wish to determine;
• An increased number of business partners with differing ownership interests entering into mediation to reach agreement on the terms for modifying ownership interests over time;
• An increased number of family- owned businesses needing to structure an exit plan for aging parents including their work involvement and compensation;
• An increased number of businesses in which the goals of the principals have been altered by changes induced by the Pandemic and are no longer aligned;

Businesses like families are complex and diverse entities.  The motivations and involvement of the players affect daily operation and future development.  Mediation offers a structured environment for exploring differences, resolving conflicts, and highlighting common purposes and goals.