When it comes to Power of Attorney (“POA”) disputes, tensions among family members often run high. Resolving such conflicts amicably is often a priority, and in Ontario, mediation is a constructive option for finding common ground. In this blog post, I delve into the advantages and potential drawbacks of mediating in POA disputes, exploring situations where mediation is recommended and cases when it may not be the ideal approach.

Pros of Mediation in POA Disputes:

1. Preservation of Relationships: POA disputes within families are often emotionally charged. Mediation provides a platform for open communication, enabling parties to express their concerns, understand each other’s viewpoints, and work towards resolution while minimizing damage to relationships.
2. Flexibility and Customized Solutions: Mediation allows parties to craft creative and tailored solutions that address the unique complexities of each case. This flexibility often leads to more comprehensive and mutually acceptable agreements.
3. Confidentiality: Unlike court proceedings, mediation is private. This confidentiality safeguards sensitive family matters from becoming public, protecting both the family’s reputation and personal information.
4. Cost and Time Efficiency: Mediation is generally quicker and more cost-effective than going to court. It helps parties avoid the lengthy litigation process, enabling them to reach a resolution in a more efficient manner.
5. Control Over Outcomes: In mediation, parties retain control over the final agreement. This empowerment can lead to a more satisfactory outcome compared to the unpredictable outcomes of litigation.

Cons of Mediation in POA Disputes:

1. No Guaranteed Resolution: Mediation hinges on the willingness of all parties to engage in a constructive dialogue. If a party is not open to finding common ground, mediation might not lead to a resolution.
2. Lack of Legal Authority: The mediator’s role is to facilitate communication, not provide legal rulings. If parties need a binding legal decision, litigation or arbitration might be more suitable.
3. Unequal Power Dynamics:  In situations where there is a significant power imbalance between parties, mediation might not ensure a fair and equitable resolution.

Mediate When:

1. Relationship Preservation is Key: Mediation is ideal when maintaining family relationships is a priority, as it focuses on collaboration rather than confrontation.
2. Creative Solutions are Needed: When a POA dispute involves complex and individual circumstances, mediation offers flexibility by allowing more innovative solutions that suit all parties.
3. Emotions are Running High: Mediation provides a controlled environment for emotional discussions, potentially leading to better understanding and resolution.

Do Not Mediate When:

1. Abuse or Safety Concerns Exist: If there is a history of abuse or safety concerns, pursuing legal action might be more appropriate.
2. Binding Legal Rulings are Needed: In cases where parties require a legally binding decision, turning to a court or arbitration process could be more effective.
3. All Parties are Unwilling to Cooperate: If the parties are unwilling to engage in meaningful dialogue, mediation might not lead to a successful outcome.

Overall, mediation offers a constructive pathway to resolving Power of Attorney disputes among family members in Ontario. Its benefits include relationship preservation, flexibility, confidentiality, cost-efficiency, and parties’ control over outcomes; however, mediation might not always be suitable. By carefully evaluating specific family dynamics in a POA dispute on a case-by-case basis, you can make a more informed decision about whether mediation is right for your client.  

Thanks for reading!

Shawnee Matinnia