It is not necessary to be represented by an attorney to participate in mediation or a facilitated family meeting. If you would like a non-party, such as a spouse or friend, to attend the mediation to lend support, ask the mediator if that would be acceptable.
Mediation is not a substitute for psychotherapy or counseling. Mediation does not dwell on the past, or try to resolve old hurts, but focuses on the present and the future. Mediation is results oriented. Mediation focuses on identifying issues and reaching resolution within a concrete time frame.
In Elder Mediation, it is extremely important that the voice of the elder be honored. An elder with dementia may or may not be able to participate fully. Talk to the mediator about ways that the elder can participate in the process.
The process for Elder Mediation is very flexible. The mediator may meet or talk with the parties separately, or a joint meeting may be best. The mediator will take all steps necessary to accommodate the parties’ needs related to age, impairment, or stamina. During mediation, the mediator works to facilitate fair and respectful communication. To that end, the mediator will ask questions and try to help the parties identify issues and understand the others' concerns and points of view. Mediators do not take sides, nor will they force anyone into accepting an outcome they do not want. The parties ... [ CONTINUE READING ARTICLE ]
Most Elder Mediation matters can be resolved in one to two sessions, and can be scheduled within a relatively short time frame. By contrast, elder disputes that are resolved through the courts can take months or years to resolve.
All information provided in a mediation is privileged and confidential, and except for a few legally required exceptions, cannot be disclosed outside of the mediation. The mediator cannot be compelled to divulge information or to testify about matters discussed in the mediation in any adversary proceeding or judicial forum.
You should select a mediator who has the right skills, experience, demeanor and approach to meet your situation. Talk to potential mediators to learn about their experience and approach to mediation. If the mediation involves an elder with dementia, the mediator should have experience working with persons with cognitive impairment.
If you think that Elder Mediation might be right for your situation, call the mediator and explain the nature of the dispute. If requested, the mediator can reach out to the other parties to find out if they are interested in participating in mediation or a facilitated family meeting.
A facilitated family meeting uses a process similar to mediation, but the goals may be less clear cut. There may not be a definable “dispute” which requires resolution. A facilitated meeting can help families talk about issues before they become intractable problems. The facilitator can realign expectations and help educate the family members about the realities of elder care and finances, with the goal of getting everyone onto the same page. Typical goals for a facilitated family meeting might be to improve communication, rebuild trust, and implement a workable care plan.
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