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What is elder mediation |
| © Victoria Maxwell |
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What is elder mediation:Elder mediation, like elder law, is defined by the client to be served. Elder mediation is mediation of any conflict that involves elders, their family members or others in their lives. The first contact with the mediator does not necessarily have to come from the elder involved.
Elder mediation is relatively newNeither the legal profession nor the public at large has as yet fully recognized the value of elder mediation. A Portland elder law attorney shared his perspective with me that elder mediation is today at the stage of development where elder law was fifteen years ago and private geriatric care management was twenty years ago. Mediation can provide elder law attorneys with a resource to deal more effectively with the underlying issues of the conflict than the traditional legal system does. Examples are
Situations appropriate for elder mediationElder mediation deales with a wide variety of conflicts that involve elders. Sometimes this mediation is given a name that defines the specific subject matter of the mediation. Examples include
Like the elder law attorney, the elder mediator should be familiar with and capable of dealing with a variety of issues, including:
Elder mediators are knowledgeable in the field of agingElder mediation professionals are familiar with the aging process and the issues involved and are connected with the network of local resources and service providers available to elders in the community. Elder mediators are familiar with elder abuse concerns and relate allegations of elder abuse to the appropriate authorities. Mediation would not occur between an elder and another person if elder abuse has been substantiated. However, self-neglect does not disqualify a case for mediation.
The elder and the mediation processMediators will implement the necessary accommodations to allow elders to participate in the mediation process to the fullest degree possible. This may sometimes require the elder to be represented by an attorney or other legal professional.
Elder mediation and the elder lawElder mediation should not be seen as a substitute for legal advice but as complementary to the practice of elder law. Only the court can provide findings of fact and/or determination of legal capacity. In this time of fewer court and judicial resources, elder mediation can be a very cost effective alternative to lengthy litigation or repeated court hearings for ongoing disputes. Elder mediation can precede a consultation with an attorney when family members are, for example, arguing over a parent’s care plan or finances. Attorneys often participate in mediation, representing the elder or another participant or serving as legal advisors.
Benefits of elder mediation over litigationElder mediation benefits elders, their families, attorneys and others in a number of ways. The Elder mediation process can help to preserve, restore or even improve relationships among the parties involved as the process provides a non-adversarial approach to resolve the dispute. Elder mediation provides an opportunity to explore creative solutions that address a broad range of decisions and conflicts that affect an elder’s life in a confidential and safe environment. An agreement is reached if it meets the needs of all participants, elders, family members, caregivers and others involved in a given conflict. Since the elder is often able to participate in the mediation process, either directly or with the assistance of an attorney or other representative, the elder’s dignity is preserved by having an active voice in the choices that are made. Elder mediation provides an opportunity for elders to talk openly and without fear about values they hold and risks they are or are not willing to take. The elder can acknowledge his or her needs for assistance during mediation without worrying that it will lead to a judge’s ruling of incapacity. Elder mediation is particularly effective in exploring the least restrictive alternatives to the appointment of a fiduciary if capacity is a question. Mediation may then provide more alternatives than a hearing before a judge. |
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