Areas of Practice:

• FAMILY
• ELDER CARE
• BUSINESS-CIVIL
• FINANCIAL
• DIVORCE (Separation)

Elder Care Mediation

With Americans living longer, coping with the physical, emotional and cognitive changes that occur during the aging process is a challenge faced by a growing number of elders and their families. Misunderstandings and differences of opinion in regard to aging parents can lead to conflict in families. In addition, there are a number of mixed emotions: anxiety, fear, guilt, sadness and anger that each member of the family may experience when conflict occurs. Often it becomes difficult for one family member to listen and understand another family member. These disputes often involve issues, emotions and conflicts that may have been underlying family relationships for many years. Many families turn to the court system to resolve emotionally charged issues when, in fact, with the proper guidance could have been decided by the families themselves.

Elder Mediation provides a venue for families to communicate their concerns and issues regarding the major life changes inherent in the aging process. Our goal is to help families and caregivers communicate about situations they feel need to be addressed while encouraging elders to have more of a voice in decisions that affect their lives.

The Elder Mediator has the experience and knowledge to determine the most effective approach; however, the most important goal of the mediator is to provide a safe and structured environment so that all participants may speak and be heard. This allows for open dialogue and the opportunity for families to problem-solve together.

What Elder Mediation Is Not

Elder Mediation is not litigation. Litigation is the formal legal process in which parties use the court process to resolve their disputes. The judge or jury determines the outcome of this process, unless a negotiated settlement is reached first.

Elder Mediation is not arbitration. Arbitration is a form of private adjudication, where parties present evidence and argument to an impartial third person (the arbitrator). The arbitrator then reviews the evidence and renders a decision which may be imposed on the parties. The arbitrator determines the outcome, much as a judge determines the outcome of a trial.

Elder Mediation is not counseling or therapy. Although the process is often therapeutic for the parties, the primary goal of mediation is to reach an agreement, not to resolve the feelings associated with the dispute.

ISSUES ADDRESSED IN ELDER MEDIATION

• Disputes Among Adult Siblings
• Financial Decisions
• Residence Decisions
• Considering Selling the House or Other Valuable Asset
• Inheritance Disputes
• Medical Treatment Decisions
• Decision to Pursue a Guardianship Petition

What Sets Elder Mediation Apart?

• Elder Mediators are neutral third- parties who encourage and facilitate communication among family members in order to guide families towards a resolution. The mediators have no authority to make decisions
• We, as Elder Mediators approach disputes from a fresh perspective. Instead of looking backward to decide who is at fault, we look forward to what agreements the family can reach to resolve their disputes or govern their future interactions
• We, as Elder Mediators use our skills to help the families understand each other’s needs and interests so that they can find common ground. From these, the family begin to generate options
• The options are not based on "giving in" or compromise of any principle. Instead, they are based on a search for creative ways to resolve differences and meet identified needs
• We, as Elder Mediators encourage and promote respect and dignity of all family members involved
• Agreements are reached only when the family members all agree. Because mediated agreements are voluntary, they are more likely to be followed by all family members