The Role of Mediation in Guardianship and Conservatorship Disputes

Disputes are often inherent when it comes to guardianships and conservatorships. They can arise over disagreements about incapacity, who should serve in the role, or whether the appointed individual is acting in the best interests of the incapacitated person. While litigation is sometimes necessary to resolve these issues, mediation in guardianship and conservatorship disputes can offer an amicable, cost-effective, and efficient alternative.

What is Mediation?

Mediation is an alternative dispute resolution method that uses a neutral third party, called a mediator, to help guide the parties toward reaching a settlement. The mediator helps to facilitate communication and assist the parties with finding creative solutions outside the courtroom, in a non-adversarial and private setting. Notably, mediation allows the parties to a dispute to remain in control of the outcome of the case, rather than let a judge decide.

How Can Mediation Help Resolve Guardianship and Conservatorship Disputes?

Mediation in guardianship and conservatorship disputes can offer a variety of benefits. It can be used to resolve conflict between family members before a petition is filed with the court. The process can also be initiated after litigation has been commenced to establish a guardianship. In addition, mediation can sometimes be used after a guardianship or conservatorship has already been put into place to address any issues that have surfaced.

Specifically, the mediation process can:

• Preserve family relationships: Mediation is a non-adversarial and collaborative process. It provides a neutral space to address conflicts and is often less stressful than litigation. By allowing family members to avoid the contentiousness that typically comes with court proceedings and focusing on healthy communication, the process can help to preserve family relationships.
• Take family dynamics into account: Family dynamics can be complex, and litigation doesn’t always take these relational patterns into account. A mediator can assist family members with discussing past grievances and emotional issues that can come into play, which might be left unaddressed in the courtroom.
• Keep the dispute private: Unlike litigation, which takes place on the record in an open courtroom, mediation is private. Everything that is said in mediation remains confidential, and a family does not need to worry about their dispute being made public.
• Save time and money: When a case is litigated, it can take a lengthy amount of time to go through the court system. Mediation can resolve disputes faster than litigation and can save the parties a significant amount of money that would otherwise be spent on attorney fees and court costs.
• Empower family members to resolve their conflicts: Mediation in guardianship and conservatorship matters empowers family members to work together to resolve their guardianship or conservatorship dispute, rather than let a judge determine the outcome.

Mediation is not appropriate in every guardianship or conservatorship dispute. It may be unsuitable where there is ongoing abuse or clear evidence of exploitation that requires immediate court intervention. However, even in cases involving allegations of financial mismanagement or neglect, mediation can sometimes provide a constructive forum for accountability and resolution. An individual accused of wrongdoing may recognize the harm caused and agree to step down voluntarily, avoiding the need for removal proceedings. When used thoughtfully, mediation can help families reestablish trust, protect the vulnerable person, and reach solutions that promote stability without prolonged litigation.

When is Litigation Necessary to Resolve Guardianship and Conservatorship Disputes?

Although it can offer a number of advantages, mediation in guardianships and conservatorships is not without drawbacks. Critically, the process requires voluntary participation. If a party to a guardianship or conservatorship dispute refuses to participate or compromise, mediation will fail and the case will need to proceed through the litigation process. Mediation is also not a viable option in cases where there is a lack of good faith or a power imbalance between the parties.

If the person who is allegedly in need of the guardianship or conservatorship contests it, litigation may be necessary to resolve the issue of incapacity. A court proceeding can help ensure the individual’s rights and liberty interests are protected. In litigation, the court would consider the evidence from all sides before rendering a decision. However, mediation can allow the parties to identify and implement less restrictive alternatives, such as a care plan, supported decision-making, a power of attorney, trusts, or financial tools.

The timing of mediation is often just as important as the decision to mediate. In some cases, it is best to allow limited discovery or investigation to occur first, so that each side has the information needed to engage productively. In other situations, early mediation—before substantial fees have been incurred—can help preserve resources, reduce tension, and open communication before the conflict becomes entrenched. The right time to mediate depends on the particular facts, relationships, and issues in dispute. A thoughtful assessment of timing can make the difference between a productive resolution and a missed opportunity.

Contact an Experienced Minnesota Guardianship and Conservatorship Attorney

If you would like to learn more about the role of mediation in guardianship and conservatorship disputes, it’s best to consult with a knowledgeable attorney who can advise you. At Dave Burns Law Office, I provide reliable representation and committed counsel for a wide range of guardianship and conservatorship matters in Minnesota. To learn more about how I can help, I welcome you to contact me at (612) 677-8351 or by emailing dave@daveburnslaw.com. I assist clients throughout the Twin Cities metro area and am available to meet with clients in both Minneapolis and St. Paul.