When Siblings Are Stuck in Disagreement

Carolyn L. Rosenblatt, R.N., B.S.N., Attorney
Aging Parents.com

This is a case study of a real situation, though the names and details are changed to protect confidentiality.

Two sisters are arguing and in extended conflict about the care of their mother. One sibling, a middle aged woman we’ll call Nellie, lives at mom’s home with mom, and doesn’t work. She takes care of mom, but not very well. The other sister, whom we’ll call Mary, is worried about Nellie’s unstable mental health, and that she isn’t bathing mom properly or watching her closely enough. Mom has dementia. She’s declining slowly, and can’t be left alone.

Nellie has access to two of mom’s bank accounts, even though she does not have power of attorney over mom.
Nellie is very emotionally unstable.

Mary tried to mediate the conflict with Nellie, and Nellie did appear at mediation. Nellie made all sorts of agreements, such as having a professional caregiver come in several hours a week, to check on mom and help out. Then, she refused to sign the “settlement agreement” document, and went back on her word with everything she said she would do.

Nellie wants money, and isn’t satisfied with mom’s income supporting her. She wants to get paid, too.

Mary has the durable power of attorney for finances. What can Mary do now?

Because Mary has the right to control mom’s finances, she can take Nellie off the bank accounts, except for the amount required for monthly living expenses. If Nellie wants more money, Mary can see to it that she will only receive it if she complies with the things she agreed to do at mediation.

Mary has a legal right to control all the bank accounts, and a duty to protect her mom from Nellie raiding the bank accounts for extras she doesn’t actually need. Nellie spends money on herself from mom’s bank accounts.

If Mary can get over her fear of Nellie, and do what her job as power of attorney requires of her, she will be better off. Mom will be taken care of by someone besides Nellie, and Mary will then have “eyes and ears” in mom’s home to help her keep mom safe. Nellie can continue to help care for mom for as long as she is able to help, but Nellie needs an extra hand with bathing mom, and other chores.

This is an ongoing conflict for which control over the mom’s money is key to keeping things stable. Mary is upset, but is able to do what has to be done. She doesn’t want to upset her sister, who is not stable to start with, but is at least able to provide some help for mom. The compromise is somewhat under duress for Nellie, but is workable, even if Nellie isn’t totally happy with it. Mary is a responsible person, and is on the right track.
© 2009, AgingParents.com
Post #10

By Carolyn L. Rosenblatt, R.N., B.S.N., Attorney

What can a family do when the person who seems to be the focal point of a conflict refuses to mediate the dispute? Other than trying to persuade the reluctant one to try it, there is no way to force anyone to mediation. It is a purely voluntary process. Without cooperation from everyone involved, the chances of success are zero.

Sometimes, there is a misconception that the mediator is going to tell someone that they are wrong, or tell the difficult person what to do. Unfortunately, that shouldn’t happen in mediation. Mediators are neutral. That means, they don’t take sides. If the mediator tells the person in question that he or she is wrong, that immediately takes the mediator onto a side and out of the middle.

In my litigation career, I attended countless mediations as an advocate for my clients. I advocated for their positions. The lawyer on the other side advocated for her or his clients’ positions. The mediators who were good at the job of mediation invited each of us to look at the conflict (a legal case) from a different point of view. The mediator suggested a possible compromise, pointed out the weaknesses in our analysis or position, and often did exactly the same with the other side when we were in a separate room.

I also saw terrible mediators, whose work was so lacking in neutrality that I resented paying the mediator’s fee. One mediator took on my client and argued with him, heatedly, trying to get my client to change his viewpoint of the value of the case. That mediation failed.

Mediation of family conflicts is a special arena, which should be reserved for mediators who understand family dynamics and respect all or both sides. Big egos who try to force a change in thinking from the parties are likely to alienate them. Success at mediation of family conflicts starts with getting all parties, including the reluctant ones, to the table to begin the conversation.

Reluctant parties can change their minds. It happens at mediation every day. But no one will do that if he or she feels forced into it.

Learn more about mediating family disputes in How to Handle Family Conflicts About Elders, from The Boomer’s Guide to Aging Parents, available at AgingParents.com, in ebook, print, or audio formats.

The thing about this kind of mediation practice is that, invariably, emotions are high. The dispute may not be about money, but sometimes it is. Money is emotional for lots of people. We find that families in dispute about their parents or other loved ones often fall back into patterns of behavior they have been in with each other since childhood. As immature as it seems, the players can’t seem to break the patterns. Some have observed that siblings even assume the same places around a table at mediation that they had at the family dinner table growing up. Talk about being stuck!

We find that for mediation to be successful for anyone, whether an elder is in the mix or not, one must be willing to give up one’s position, or to be able to view a problem from someone else’s point of view. Why this is so difficult seems to be rooted in the emotional attachment siblings, or others have to their Positions. (I’m right, I know I’m right, and I don’t care what you say!)

So, if one wants to mediate a dispute and has any hope of success, one has to come into the mediation willing to have some flexibility about the problem at hand. If one expects all the changing to be done by the person(s) on the other side of the dispute, it is a sure-fire way to fail at mediation.

Mediators work with participants to try to help them see things from each other’s point of view, but no one can force a person to compromise. A mediation is helped by participants who work at making “a deal”, whether it’s about money or about control, or a place to live, or whatever. Siblings fighting about their elders have a choice about whether to make their best effort to work it out, or to spend their time trying to make each other wrong. Likewise with the elders themselves. Some are just plain difficult, and compromise is not something they want to explore.

People have many reasons for holding onto their positions in family conflicts. Sometimes there are old resentments dating back to childhood. One mother who said she didn’t trust her son to manage her money wouldn’t give a reason until pressed. Her son was a responsible businessman, and likely could have done the job. He managed his own money responsibly, as reported by all and agreed to by the mom. As it turned out, he had gotten black oil on a favorite embroidered towel she had when he was a little boy, and that was her basis for not trusting him.

She was not about to give up her position. She had a very difficult time in her life, and though she made agreements at mediation, she spent a lot of time afterwards, we were told, undermining that to which she had agreed.

She’s a good example of a person who wasn’t likely to succeed at growing old gracefully. She also wasted thousands of dollars on attorneys, courts and got minimal value out of mediation. However, most of the time, mediation does work. People make agreements, they figure the way out of the mess. And sometimes it doesn’t, about 20% of the time. These are some of the reasons why it sometimes doesn’t work.

To learn more about how to handle family disputes, see How to Handle Family Conflicts About Elders, Vol. 7, The Boomer’s Guide to Aging Parents, available at http://www.AgingParents.com/familyconflict.