If you are involved in a dispute over the care or assets of an elder individual, there are several factors to consider when deciding whether mediation might be an appropriate course of action for you.

COST. Disputes involving elders often have several parties, and each may have their own attorney. Discovery and litigation costs can be prohibitive. Expenses can be minimized if mediation is scheduled early in the process. Henry David Thoreau said, “The cost of a thing is the amount of what I call life which is required to be exchanged for it, immediately or in the long run.” Parties need to consider both the financial and the emotional cost of an unresolved conflict over time.

TIME. Formal discovery, litigation, and court proceedings such as petitions for guardianship can take months or years. A mediation session has the effect of getting settlement negotiations focused much more quickly than if the parties proceed to litigation, where negotiations often won’t get serious until the eve of trial. In mediation, the parties can agree to share information and resolution can be achieved in a much shorter amount of time.

CONTROL. Mediation empowers the parties. They, not a judge, jury, or arbitrator, are in control of the resolution.

RELATIONSHIPS. Mediation offers a safe forum for the parties to tell their side of the story, be heard and understood. Mediation increases the chance that the parties can preserve an ongoing relationship, or build a bridge where a relationship has been broken. The adversarial system tends to polarize the parties, harden positions, and exacerbate the conflict.

PRIVACY. Few families want their disputes to be aired in a public forum. Mediation gives the parties control over maintaining privacy and confidentiality.

SCOPE. In mediation, the parties are free to be creative, and collaborate to craft a resolution that goes beyond what a court would be able to order.

DURABILITY. An agreement that is created by the parties, after exploring and understanding the competing needs and wishes, has an increased chance of being durable and complete, compared to a decision imposed by a third party who may lack a full understanding of the situation.

SUCCESS. Although mediation is voluntary, the likelihood of reaching resolution is very high.