Elder Mediation Section


Elder Mediation Articles


Beth Graham

Federally Funded Nursing Homes No Longer Allowed to Require Residents to Sign Binding Arbitration Agreements

(10/07/16)Beth Graham

Yesterday, the Department of Health and Human Services’ Centers for Medicare and Medicaid Services published a regulation that bans federally funded long-term care facilities such as nursing homes from using pre-dispute binding arbitration agreements.

Amy Sereday

Three Secrets About Difficult Conversations

(10/03/16)Amy Sereday

This article promotes the use of elder and adult family mediation to approach issues of aging and geriatric care. Targeted towards family caregivers, it outlines 3 reasons mediation can be beneficial when approaching difficult conversations.

Althea Halchuck

Hospice and Conflict Resolution

(9/23/16)Althea Halchuck

Conflict can touch anyone, at any time of life. In this article, I talk about end-of-life conflict, specifically those disputes related to hospice. I explore who is involved, why disputes arise, and reasons they are hard to resolve. I also speak about the importance of having a mediator as part of the hospice team.

Jay Folberg

Interview with Jay Folberg

(9/12/16)Jay Folberg

This is the complete interview by Robert Benjamin with Jay Folberg filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Zena Zumeta

Interview with Zena Zumeta

(8/23/16)Zena Zumeta

This is the complete interview by Robert Benjamin with Zena Zumeta, long time mediator, trainer and former President of the Academy of Family Mediators, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.'

Stephen Fritsch

For Senior Caregivers, Mediation Is Often a Must

(7/29/16)Stephen Fritsch

When it comes time to decide on care for an elderly parent, mediation can help family members make tough financial and life care decisions.

Jill Gross

SCOTUS Denies Cert in Nursing Home Arbitration Case

(1/15/16)Jill Gross

On Monday, the Supreme Court declined to review a decision of the Supreme Court of Texas that enforced a pre-dispute arbitration clause in an agreement a patient signed with a nursing home pre-admission. After the patient died, her family sued the nursing home in state court alleging negligent care and wrongful death.

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.

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