28 Dec When to Turn to Thanatological Mediation

When to Turn to Thanatological Mediation: Conflict, Grief and End of Life

What is thanatological mediation?

Thanatological mediation is a specialized field within conflict mediation that applies to situations related to the end of life, death, and grieving processes, both in the family sphere and in patrimonial and relational contexts. In Catalonia and Spain, this type of mediation fully falls within the framework of the Appropriate Methods of Dispute Resolution (ADR / MASC) and the culture of preventive mediation promoted by the legislator.

Its purpose is to prevent, manage, and resolve conflicts that may arise before, during, or after a person’s death, avoiding escalation and judicialization. It provides a safe, confidential, and structured space for dialogue, addressing both practical interests and the strong emotional component inherent to these situations.

Thanatological mediation integrates the principles of thanatology -the discipline that studies death, dying, and end-of-life accompaniment- with mediation techniques, placing particular emphasis on human dignity, the care of family bonds, and emotional management.

 

When should one turn to thanatological mediation?

Turning to thanatological mediation is especially advisable when family disagreements arise during moments of great emotional vulnerability, or when there is a desire to prevent future conflicts related to illness, death, or the legal and patrimonial consequences of death.

It is particularly useful:

• Before death, in cases of serious illness or terminal phase.
• During the end-of-life process, when complex and sensitive decisions must be made.
• After death, within the context of grief, funeral arrangements, or succession.

Specifically, thanatological mediation is advisable when:

• There are disagreements among family members regarding care, medical decisions, or the distribution of responsibilities.
• There are no advance directives or clear prior agreements.
• There is a wish to prevent a family conflict from ending up in court.
• A human, flexible, and respectful solution is sought, adapted to the reality of each family.

This approach is directly connected to preventive mediation, as it allows conflicts to be addressed before they become chronic or turn into litigation.

 

Frequent areas of conflict

Care of the terminally ill person

One of the most common sources of conflict concerns the organization of care for the ill person:

• Who assumes daily care.
• How and where care is provided (home, hospital, socio-healthcare center, or residence).
• Differences of opinion among family members regarding medical or assistive care.
• Allocation of expenses when there is insufficient public coverage or private insurance.

Mediation helps structure these conversations, distribute responsibilities, and reach shared decisions.

Medical decisions at the end of life

Conflicts may arise regarding:

• Continuation or limitation of treatments.
• Palliative sedation.
• Interpretation of the patient’s wishes when no advance directive exists.

Thanatological mediation facilitates dialogue among family members, respecting the legal and ethical framework and placing the will and dignity of the affected person at the center.

Funeral expenses and farewell rituals

Death entails immediate decisions that may generate tension:

• Payment for funeral services or cremation.
• Choice of ceremony or ritual.
• Cultural, religious, or personal differences regarding the farewell.

Mediation helps reach respectful and financially manageable agreements.

Succession and inheritance conflicts

Before or after death, conflicts may arise regarding:

• Pressures or disagreements prior to death.
• Contested wills or intestate succession.
• Different perceptions of what is fair or equitable.

Thanatological mediation, in coordination with legal advice when necessary, can prevent litigation and preserve family relationships.

Deteriorated family relationships

Old conflicts often reappear or intensify in contexts of death and grief. Mediation offers a space to express emotions, acknowledge wounds, and, where possible, rebuild communication channels.

Grief management

Each person experiences grief differently. Lack of understanding among family members can generate new conflicts. Mediation validates different emotional rhythms and helps reduce misunderstanding and judgment.

 

Thanatological mediation, preventive mediation and Organic Law 1/2025

Organic Law 1/2025 strengthens in Spain the promotion of ADR/MASC as the preferred means of conflict resolution, particularly in civil and family matters. Within this framework, thanatological mediation emerges as a key tool of preventive mediation, as it enables:

• Anticipation of succession and family conflicts.
• Reduction of emotional and judicial overload.
• Promotion of consensual agreements before conflict becomes irreversible.

Mediation in end-of-life contexts not only resolves conflicts but also prevents future emotional harm and family breakdowns, fully aligning with the spirit of Organic Law 1/2025.

 

Contributions of thanatological mediation

Thanatological mediation offers clear benefits:

• Improves communication in moments of high emotional intensity.
• Reduces family conflict and the risk of broken relationships.
• Avoids or minimizes judicialization of post-mortem conflicts.
• Allows flexible and humane agreements adapted to each situation.
• Fosters a healthier and less traumatic grieving process.

 

Professional profile in thanatological mediation

The mediator intervening in this field must possess specific competencies:

• Training in conflict mediation and knowledge of thanatology.
• High capacity for empathy, active listening, and emotional management.
• Basic knowledge of succession law, advance directives, and social and funeral resources.
• Ability to work with silence, loss, and vulnerability.

Neutrality, confidentiality, and respect are essential pillars of the intervention.

 

Legal basis of thanatological mediation in Catalonia and Spain

Thanatological mediation fits fully within the regulatory framework of civil and family mediation in force in Catalonia and Spain. Although no specific regulation exists under this name, its practice is legally viable and coherent with the current legal system.

In Catalonia, Law 15/2009 on mediation in private law allows mediation in family, succession, and relational conflicts, provided that the parties have legal capacity and that the matter is legally disposable. At the national level, civil and commercial mediation, as well as ADR/MASC, provide an appropriate framework for addressing conflicts arising from end-of-life situations and their consequences.

Thanatological mediation thus acts as a transversal intervention, capable of coexisting with legal, healthcare, and social advice, without replacing them, while facilitating dialogue and shared decision-making.

 

Thanatological mediation, ADR/MASC and Organic Law 1/2025

Organic Law 1/2025 reinforces the role of ADR/MASC as the preferred method for managing civil and family conflicts, aiming to reduce litigation and promote consensual solutions. In this context, thanatological mediation gains particular relevance.

Conflicts associated with end of life and death often carry a high emotional, relational, and symbolic burden, making strictly judicial resolution difficult. Thanatological mediation allows these conflicts to be addressed before reaching the courts, fulfilling a clearly preventive role in line with the spirit of Organic Law 1/2025.

Moreover, mediation agreements may have significant legal effects when properly formalized, contributing to legal certainty and the reduction of subsequent disputes.

Preventive mediation in end-of-life contexts

Thanatological mediation is, by definition, an advanced form of preventive mediation. Its early intervention allows:

• Detection of latent conflicts before they openly manifest.
• Facilitation of difficult conversations often avoided due to fear or lack of knowledge.
• Reduction of the risk of post-mortem family and succession litigation.
• Protection of the ill person from external pressures or conflicts.

Preventive mediation in this field does not seek to anticipate death, but to anticipate conflict, providing families with tools to manage it responsibly and respectfully.

 

When to turn to thanatological mediation? (analysis of common situations)

Thanatological mediation is especially indicated when families face complex decisions affecting the care, will, or legacy of a person suffering from serious illness or approaching the end of life.

Common situations include:

• Persistent disagreements regarding care and treatment.
• Conflicts among siblings or relatives over the distribution of responsibilities.
• Absence of a will or advance directive.
• Family pressures that may affect the vulnerable person’s freedom of decision.
• Difficulties in managing grief collectively and respectfully.

In all these cases, thanatological mediation offers a structured space to address conflict without imposition, fostering consensual and sustainable solutions.

 

Thanatological mediation and a culture of peace

Choosing thanatological mediation means choosing a culture of dialogue even in life’s most critical moments. Recognizing conflict, giving it space, and addressing it with care contributes to a more dignified experience of death and grief, both individually and collectively.

Mediation allows conflict to be transformed into an opportunity for responsibility, recognition, and, in some cases, repair, strengthening family and social bonds.

 

Daniel Sererols Villalón
Conflict mediator and private conciliator, registered with the Spanish Ministry of Justice, the Centre for Mediation of Catalonia, the Barcelona Bar Association (ICAB), the Association of Conflict Mediation Professionals of Catalonia (ACDMA), and collaborator with Logos Media. Specialized in family and community mediation and in conflicts of high emotional complexity, with particular attention to end-of-life processes, grief, and conflict prevention.

Phone: +34 661 463 306
Email: daniel@mediadorconflictos.com