In some cases, family matters with elders can become bitter disputes, whether it’s a question about an elder’s living arrangements, medical issues, or financial planning. A trained, neutral mediator can help families work together to resolve these disputes.
The National Care Planning Council defines elder mediation as providing a forum for family decision-making. “Elder mediation helps families to successfully grapple with issues such as caregiving for aging parents, estate disputes, safety and health concerns, and decisions regarding the family home and the best place for parents to live,” the organization says on its website. “A core value of Elder mediation is the protection of the rights and integrity of seniors. Elder mediators act as neutrals but look to families to consider ways to maximize their senior's independence whenever possible”
Why Choose Mediation?
According to the Massachusetts Council on Family Mediation, the process of mediation is often chosen to assist with elder issues because:
· Mediation allows multiple participants, possibly including the elderly family member, a safe forum to voice their wishes and concerns;
· A mediated resolution may avoid court involvement, unless a guardianship or conservatorship is made part of the plan for specific reasons;
· Family members work together towards a practical solution that will meet the needs of the elderly family member;
· Post-mediation relationships between family members may be better sustained than in litigation.
Mediating elder law and elder care issues allows for a process that is confidential, voluntary, and non-judgmental and can result in a resolution of the conflict between the family members. The role of the mediator is to allow the family to arrive at a resolution, asking appropriate questions in an effort to find common ground.
The mediators are trained, neutral third parties. They do not provide legal advice, nor do they suggest a particular outcome to a dispute. They can assist the family in discussing the conflict and help them to explore avenues of resolution. If agreement is reached, they will also assist the parties in writing an agreement that reflects their decisions and will be signed by those involved in the conflict.
What Are Some Issues With Which Elder Mediation Might Help?
There are many different issues and disputes in elder care, elder law, and family law for which mediation might be the right tool in order to come to a resolution. For example, mediation can help with the following:
· Disputes regarding long-term care and planning;
· Questions about living arrangements for elders;
· Questions about finances and assets;
· Decisions about estate planning, powers of attorney, and health care proxies;
· Disagreements regarding medical treatment;
· Disputes involving potential guardianship or conservatorship.
Where Can You Find More Information?
The following resources can be helpful with elder mediation issues:
If you are looking for help with general mediation, the MCC Law Center might be able to help. The MCC Law Center Mediation Program works in cooperation with the Massachusetts Office of Public Collaboration to provide free community mediation services and help resolve issues. Contact us for more information.
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