Elder Mediation Section

Elder Mediation Articles

Jay Folberg

Mediating Family Property and Estate Conflicts: Keeping the Peace and Preserving Family Wealth

(7/22/15)Jay Folberg Of all of the cases I have mediated over the past 30 years, the most challenging and rewarding disputes have been those between family members over family property, estates, trusts and businesses.
Beth Graham

Federal Judge Orders Sugar Land Nursing Home Visitation Dispute to Mediation

(2/20/15)Beth Graham A Sugar Land nursing home dispute that arose after an elderly resident’s family was banned from a long-term care facility over a number of social media posts has reportedly been ordered to mediation. According to a complaint filed in the Southern District of Texas, Silverado Senior Living barred a woman’s two sons and daughter-in-law from the premises after the individuals refused to remove several photos and videos of their mother at the facility from their social media accounts.
Larry Susskind

Retire Already! Why?

(12/12/14)Larry Susskind This article discusses retirement in non-traditional fields such as mediation and teaching. Should there be a set retirement age?
Morna Ellis

Mediation - The Savvy Choice

(10/21/14)Morna Ellis Elder mediation can be helpful for families trying to make difficult decisions. It helps children and parents make decisions that include everyone's opinions.
Jeffrey Fink

Mediating Inheritance Disputes

(7/18/14)Jeffrey Fink Inheritance disputes can be difficult to resolve. They are tied up in a lifetime of emotions toward the deceased and every other claimant under the will, as well as personal and spousal expectations of monetary gain. Here are 10 tips and tricks that have helped with this kind of dispute.
Mary Novak

Values and Interests Revealed in Detroit “Grand Bargain”

(6/30/14)Mary Novak The story of the Detroit bankruptcy mediation’s emerging “Grand Bargain” (as it has been dubbed in the media) is a fascinating case of many different groups working to protect their chosen interests. The bargain demonstrates how mediation allows parties to consider what they are willing to give in order to secure the things that matter most to them, and how traditional rivals may collaborate for a shared goal.
Dane County Bar Association

Elder Care and Mediation - Video

(5/10/14)Dane County Bar Association The Dane County Bar Association's Case Mediation Program has produced videos to help the public understand and use mediation in the dispute resolution process.
Jan Frankel Schau

People Moving: Using the Dimension of Space to get “Unstuck” in Mediation

(5/02/14)Jan Frankel Schau I read Ken Cloke’s newest book, “The Dance of Opposites” over the last weekend and then yesterday I attended an excellent training by my friends and colleagues at the IAM, Tracy Allen and Eric Galton at the United States District Court. They reminded me of a concept Tracy calls, “People Moving” as a means to getting the parties out of position that appears to be heading towards impasse or “stuck”. In essence, the concept is simple in both dancing and negotiating: if you stop moving, the dance is over.
Halee Burg

Mediation Can Help Bridge the Family Divide Created by an Alzheimer's Diagnosis

(4/04/14)Halee Burg Mediation can support families as they navigate the challenging issues and decisions associated with a diagnosis of Alzheimer’s. Through productive discussions led by an experienced neutral mediator, mediators help family members explore each topic, share perspectives, gather information, reach consensus, and find their way forward.
Rachel Virk

I'm Heading for Divorce--What Should I Do?

(3/21/14)Rachel Virk You want out. Your marriage is no longer happy. You just need to know the correct process for telling your spouse in a safe and respectful way, and know what are the appropriate steps to take.
Dr. Lynne C. Halem

Elder Divorce Mediation

(1/17/14)Dr. Lynne C. Halem As the remaining baby boomers turn 50 this year, we continue to see a significant increase in divorce and separation among the general population of those in that 50-plus age bracket.
Halee Burg

To Move or Not To Move an Elder

(12/06/13)Halee Burg This article concerns the important decisions that often face caregivers or other family members concerning where an elder family member will live, the strong emotions that are evoked in families contemplating a possible elder move, the important questions that should be considered in considering a move, and how mediation can support families in having a productive discussion concerning this important, complex and highly emotional issue.
Denise Tamir

The Gray Divorce

(5/25/13)Denise Tamir Though the fact that divorce has become more common and less of a stigma has some impact, that does not explain why the gray divorce rate is climbing while the general divorce rate is going down. Denise Tamir suggests a few contributing factors.
James Coben

Mediation Case Law Video: Divorce Agreement Complications

(4/25/13)James Coben In Guthrie v. Guthrie, the validity of a divorce agreement was called into question due to one party's state of mind at the signing. A complicating issue was husband's death during the proceedings.
Patricia Porter

AudioBlog: Transforming Difficult Decision Making In Elder Care Planning

(4/22/13)Patricia Porter Families today are assuming responsibility for the informal care of over 75 percent of elderly family members and are often faced with difficult decisions from a bewildering array of choices: e.g. estate planning, financial issues, and guardianship. In the best of circumstances, this can be a stressful process and sometimes leads to disagreements, confusion, and conflict at a time when the best intentions of the family are to work together for the needs of a loved and respected aging family member.
Richard Birke

Signing Arbitration Contracts on Admission to a Nursing Home – Who Is Bound?

(4/08/13)Richard Birke As our population ages, more and more people are being admitted to nursing homes at or near the end of their lives. But when a person is admitted to a nursing home and they sign a contract agreeing to arbitrate any disputes arising out of the care they receive, should their heirs and the estate be bound by that contract?
Dick Price

Facing a Divorce Later in Life?

(3/29/13)Dick Price It has become noticeable that Baby Boomers and even older people are starting to experience a significant number of divorces. Couples married for 20 to 40 years are getting divorced.
Patricia Porter

AudioBlog: Elder Mediation: Family Disputes Over Caregiving

(3/29/13)Patricia Porter When families are faced with the long-term care arrangements for their aging parents and relatives, feelings of resentment, anger and jealousy that have festered since childhood often create new problems as families learn to cope and prepare for the road ahead. Instead of working together, families can get stuck placing blame.

A Survey of Public Awareness of Elder Mediation In Northeast and Central Ohio

(2/15/13)John Bertschler, Patricia Bertschler As private practitioners in the field of mediation over the past fifteen years, we have struggled along with our professional colleagues nationwide to increase public awareness of alternative dispute resolution, particularly mediation. We have been gratified to see awareness grow due to the work of many individuals and professional advocacy groups, as evidenced by this survey.
JK Belz

Elder Mediation - Video

(4/18/12)JK Belz Video where the owners of JK Belz Mediation and Crowley Legal Solutions discuss the mediation process. The owners also discuss their focus: elder mediation.
Justin Corbett

The State of Community Mediation

(3/19/12)Justin Corbett The National Association for Community Mediation (NAFCM) has released its much-anticipated new report: The State of Community Mediation. This fieldwide assessment is the most comprehensive in nearly a decade, and includes many never-before reported statistics detailing the size, scope, and impact of the the community practice area.
Phyllis Pollack

What's Your Generation?

(12/12/11)Phyllis Pollack The second issue of ADR Times Perspectives (Vol. 1, No. 2, Nov. 2011, hit my e-mail inbox the other day. Having enjoyed the first issue, I eagerly thumbed through this second issue and found an interesting article by Jasper Ozbirn entitled “Generational Gaps in the Workplace” (at pages 8-9.) According to its author, the purpose of this article is “. . .to provide the briefest of primers on how generational differences can play out in the workplace to create a conflict.” (Id.)
Stephanie West Allen

Respect Mediation? Love It? Prove It, Shove It, Move It: Mix Things Up, Break the Patterns

(12/12/11)Stephanie West Allen Body posture influences quantitative estimates. We predicted that people would make smaller estimates while leaning slightly to the left than they would while leaning slightly to the right, and this prediction was borne out by our results.
Michael A. Zeytoonian

We Are Looking for One Good Town

(4/25/11)Michael A. Zeytoonian What if your entire town made an official commitment to practicing legal wellness, for one year? Or for that matter, your entire company? Or your mission-based organization? Or your family?
Heather Scheiwe Kulp

Foreclosure Mediation Comes to Bankruptcy Court?

(4/11/11)Heather Scheiwe Kulp The end of March marked the end of two madnesses: Connecticut’s journey to the championship and a foreclosure mitigation bill’s journey through the Senate Judiciary Committee. But the journey is over in only one court.
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