Two industries that significantly benefit from the mediation boom are hospitals and senior communities. There are a number of significant reasons that these industries are starting to take notice of mediation as a standard practice. read
When you are rich, trusts can help keep everyone from one day knowing just how rich. Of course, trusts serve a lot of other purposes, many of them related to passing wealth along to children and other beneficiaries. And when fights break out over how assets are distributed and to whom, the shield of privacy can start to crack. If a dispute makes it into court, all bets regarding privacy are generally off, estate lawyers say. “If it is going to be litigated, you can’t really protect that trust” from prying eyes, says Nancy Chemtob, an attorney specializing in family law at Chemtob Moss & Forman LLP in New York. read
Attorneys for Williams’s widow, Susan Schneider, and his three children from previous marriages, squared off in probate court in San Francisco on Monday and agreed to private mediation, hoping to settle a dispute regarding the contents of his estate. read
A University of Missouri researcher has found that even if just one member of a couple stops driving, negative consequences result for both the driver and non-driver. The researcher recommends that the elderly, and their adult children, carefully discuss and plan for the transition to driving cessation. "These are complicated, difficult decisions, and mediation of the discussion can often be helpful.” read
Mom is growing older. Up to this point, she’s been driving by herself, but she is getting to the age when some family members are concerned about her safety. “It’s one of the big decisions that need to be made,” Iowa City-based mediator Laura Melton Tucker said. “When do (family members) put our foot down with mom and tell her we just aren’t comfortable with her driving anymore?” read
One or both parents requiring care can create serious stresses and conflicts within families. Sometimes disagreements and misunderstandings over elder care or inheritance issues can lead families to break apart, affecting descendants for generations. To avoid this, elder mediation is available to resolve family disputes that otherwise may go unaddressed or lead to costly and traumatic litigation. A successful resolution can preserve family ties to the benefit of the entire family tree. read
The American College of Civil Trial Mediators, a professional association, recently gave a cash award to Home Share Now for its efforts in home sharing mediation. The award came in support of applying dispute resolution in the alternative setting of facilitated home sharing. Home Share Now has facilitated the sharing of housing, such as by multigenerational housemates, since 2003. The organization said it views conflict resolution as the most important skill necessary for successful home sharing. read
The concept of filial piety carries such weight in society that it has even found its way into national legislation. The Maintenance of Parents Act states that any resident over the age of 60 who find themselves in difficulty can apply to a tribunal for their children to provide financial support. The process first involves attempts at conciliation under the Commissioner for the Maintenance of Parents. If this fails, both sides then go for mediation, and failing that, a hearing before the tribunal. read
When Summit County Probate Judge Elinore Marsh Stormer took office in January 2013, she declared her intention to use mediation as one means of resolving disputes brought to her court. Judge Stormer developed a mediation program, and longtime Akron attorneys William Dowling and Douglas Godshall were appointed as court mediators. Concluding its first year of operation, the mediation program has proven to be a success, enabling the parties involved to resolve numerous disputes without the need for lengthy litigation and court trials. read
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.
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?
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.
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.
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.
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.
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.
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.
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. 3 Comments
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.
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.
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.
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.
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.
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.)
Precious Life: Just Hold On (8/09/10) Jan Frankel Schau I had a challenging mediation last week when I was asked to mediate a Conservatorship of an elderly lady, whose two living children could not agree upon the appropriate care for her and could not bear to be in the same room together--leading to an awkward visitation schedule. As a consequence, neither son was "holding on" and both feared she would die alone.
Elder Mediation (3/29/10) Jeff Thompson Not sure if anyone saw this in the Wall Street Journal, but recently there was an article in it on Elder Mediation in California.
Mediation For Seniors (1/05/10) Norman Pickell As seniors grow older, decisions often need to be made about where to live, should the senior continue to drive, how should financial affairs be managed and what kind of medical care is appropriate. These are tough emotional decisions often requiring difficult conversations within a family.
Elder Mediation Matters: Probate, Guardianship and Family Care-giving (10/26/09) Susan Curcio M.A. Conflict associated with estate matters, adult guardianship and family care-giving can tear families apart. Present decisions regarding an aging family member can be influenced by past history. More families will be faced with difficult choices as the population ages in growing numbers. Elder Mediation offers the opportunity to avoid going through the court system which can be costly, time-consuming and divisive. A skilled Elder Mediator can help participants focus on the future and arrive at creative solutions. 2 Comments
The Big Picture (8/31/09) Phyllis Pollack In late May 2009, I flew back to my childhood home to help my siblings move our mother into an assisted living facility. As she had been living in the family home for close to sixty years, it was the move from *!!##*##!!*, to say the least.
Elder Mediation (7/27/09) Georgia Daniels This article introduces Elder Mediation to potential consumers and referral sources. It uses an example of a typical conflict to show how the outcome could be different with mediation, and walks the reader through the usual stages of an elder mediation, using a facilitative model. 3 Comments