Mediation Trends in 2016

January 1, 2017
Written by Staff at The Centre for Mediation & Dispute Resolution

For over 34 years CMDR has helped clients to reach agreements while preserving the historical connections that enable them to build future relationships.

Each year we look backward at our client population, seeking to discern changes, patterns, and even trends.  In considering our business, family, and divorcing/post-divorce clients in 2016, we have observed the following trends.

FROM OUR BUSINESS CLIENTS:

• An increased number of small business disputes among owners, involving differing commitments of time and amounts of compensation
• An increased number of business partners seeking to mediate terms for the sale of the business and/or exit by one partner
• An increased number of small business owners, mediating issues pertaining to involvement of family members in the operation of the business (e.g., spouses, children)

FROM FAMILY MEDIATION CLIENTS:

• An increased number of families entering mediation to resolve different interpretations of wills
• An increased number of families asking for help in the division of tangible estate assets
• An increased number of families attempting to balance personal responsibilities for the care of elderly parent(s)
• An increased number of siblings electing to mediate the future control and operation of a family business

FROM OUR DIVORCING CLIENTS:

• An increased number of couples mediating postnuptial agreements, dealing with the division of assets in the event of divorce
• An increased number of couples entering mediation to structure custodial and financial terms of a separation
• An increased number of couples in which one spouse retains a closely-held corporation in exchange for an extended payment plan, buying out the other spouse’s interest
• An increased number of couples struggling with issues of fairness and entitlements with respect to inheritances received after separation
• An increased number of couples with a special needs child requiring consideration in their agreement for future federal aid, as well as structuring parental roles and financial responsibilities
• An increase, yet again, in joint custodial arrangements with children having two primary residences
• An increased number of divorcing couples, with children, where one parent is residing in Massachusetts and the other parent is living in another state
• An increased number of divorcing couples with a family business in which both spouses will continue to own and to work

Mediation, like the law, responds to changing social norms and practices. Living and working arrangements that were once unacceptable, even unimaginable, have now become the new “normal.”  Mediation offers a problem solving approach for structuring agreements that fit the work and life style habits and preferences of the participants. With the facilitation of a skilled and knowledgeable mediator, the end result should feel and, indeed be, fair and workable.

Please Call Our Office For Answers To Your Questions – 781.239.1600