In it Master and Expert in Mediation from the EIM We learn that, behind many civil disputes - especially inheritance disputes - there is not only heritage at stake, but also unexpressed emotions and deteriorated relationships.
An illustrative example is the Supreme Court ruling (STS 324/2010):
A widow had to choose between two legacy options (universal usufruct or full ownership of a portion). Although she submitted her legacy in writing, one of her children claimed that she had already "tacitly" chosen another option.
The result? Family conflict, judicial division of the inheritance, and a long and costly process.
What does the Supreme Court clarify?
The choice in an alternative legacy could be express or implied, but if it is tacit it requires unequivocal facts (it is not enough to pay taxes or manage assets).
Accepting a legacy is not equivalent to choose the modality.
The sentence suggests that a early mediation It would have been more agile, effective and less traumatic than a lawsuit. And with troubled teenagers, we have found that these two variables are decisive in understanding the dynamics between authority, norms, affection and autonomy.
Lessons for our practice as mediators
1️⃣ Foresee in life: assist testators in defining the selection criteria.
2️⃣ Documentary clarity: promote clear, signed and shared post-mortem election records.
3️⃣ Neutralize ambiguity: What is not defined in the will will be discussed… in court (or at a mediation table).
4️⃣ Relational approach: In succession mediation, not only assets are distributed: ties are rebuilt.
Conclusion
Mediation not only resolves conflicts, also the prevents, transforms and humanizesIn inheritances and successions, it is a key tool for protect family relationships and avoid years of litigation.
And you, have you experienced any succession mediation where the real issue wasn't the distribution... but what wasn't said in time?
These types of cases are part of practical learning in the Master and Expert in Mediation from the EIM, where we train mediators capable of anticipating, managing, and transforming conflicts before they reach the courts.
Would you like to dedicate yourself professionally to mediation or specialize in one of its branches? You've come to the right place. EIM We offer a wide variety of training courses to meet your most ambitious goals.
