Elder Mediation

Elder mediation is defined by the client to be served.with the network of local resources and service
Elder mediation is mediation of any conflict thatproviders available to elders in the community. Elder
involves elders, their family members or others in theirmediators are familiar with elder abuse concerns and
lives. The first contact with the mediator does notrelate allegations of elder abuse to the appropriate
necessarily have to come from the elder involved.authorities. Mediation would not occur between an
Neither the legal profession nor the public at large haselder and another person if elder abuse has been
as yet fully recognized the value of elder mediation. Asubstantiated. However, self-neglect does not
Portland elder law attorney shared his perspective withdisqualify a case for mediation.
me that elder mediation is today at the stage ofThe elder and the mediation process
development where elder law was fifteen years agoMediators will implement the necessary
and private geriatric care management was twentyaccommodations to allow elders to participate in the
years ago.mediation process to the fullest degree possible. This
Mediation can provide elder law attorneys with amay sometimes require the elder to be represented
resource to deal more effectively with the underlyingby an attorney or other legal professional.
issues of the conflict than the traditional legal systemElder mediation and the elder law
does.Elder mediation should not be seen as a substitute for
Examples arelegal advice but as complementary to the practice of
* Family dynamicselder law. Only the court can provide findings of fact
* Family historyand/or determination of legal capacity. In this time of
* Intangible valuesfewer court and judicial resources, elder mediation can
* Interpersonal conflictbe a very cost effective alternative to lengthy litigation
* Issues of autonomyor repeated court hearings for ongoing disputes.
* Quality-of-life choicesElder mediation can precede a consultation with an
* Safety mattersattorney when family members are, for example,
Situations appropriate for mediationarguing over a parent's care plan or finances.
Elder mediation deals with a wide variety of conflictsAttorneys often participate in mediation, representing
that involve elders. Sometimes this mediation is given athe elder or another participant or serving as legal
name that defines the specific subject matter of theadvisors.
mediation.Benefits of elder mediation over litigation
Examples includeThe mediation process can help to preserve, restore
* Adult guardianship mediationor even improve relationships among the parties
* Family caregiver mediationinvolved as the process provides a non-adversarial
* Landlord-tenant mediation,approach to resolve the dispute.
* Probate mediation,Since the elder is often able to participate in the
Like the elder law attorney, the elder mediator shouldmediation process, either directly or with the assistance
be familiar with and capable of dealing with a varietyof an attorney or other representative, the elder's
of issues, including:dignity is preserved by having an active voice in the
* Conservatorshipchoices that are made.
* Consumer issuesElder mediation provides an opportunity for elders to
* Estate planningtalk openly and without fear about values they hold
* Financial managementand risks they are or are not willing to take. The elder
* Guardianshipcan acknowledge his or her needs for assistance
* Healthcare planningduring mediation without worrying that it will lead to a
* Living arrangementsjudge's ruling of incapacity.
* Medical treatmentMediation is particularly effective in exploring the least
* Probate mattersrestrictive alternatives to the appointment of a fiduciary
* Spirituality and agingif capacity is a question. Mediation may then provide
Elder mediation professionals are familiar with the agingmore alternatives than a hearing before a judge.
process and the issues involved and are connected