Elder Mediation Articles

Reflective Practice: In Their Voices Video Conversation Project - Interview with Sue Bronson

(3/20/20)Sue Bronson

Mediator Sue Bronson doesn't rest upon the familiar, but takes what she knows and applies it in new innovative ways. In this 44 minute video, Sue and Michael Lang discuss screening techniques.

Divorce and Social Security

(12/11/19)I. Jay Safier

This article will discuss how benefits are distributed to two people who are now divorced.

Montana Nursing Homes and Families Receive Assistance to Resolve Disputes

(11/04/19)Kayre Chatellier

Montana Mediation Association (MtMA) received a Civil Monetary Penalty Reinvestment Grant to prevent and delay resident discharges from Montana Nursing Homes.

Eldercare Mediation: Setting Families up for Success

(8/30/19)Kathleen Kauth

Working with families to help an older adult identify how they want to spend their final years and communicate it to all involved parties.

Divorcing After Long-Term Marriage Checklist of Considerations

(7/18/19)Dr. Lynne C. Halem

For couples facing divorce in their late fifties, sixties, and beyond, the questions and issues are quite distinct from those facing younger couples.

Family Feud? Use Eldercaring Coordination for High Conflict in Eldercare

(11/01/18)Sarah Gross

This article distinguishes elder mediation and eldercaring coordination, and discusses the benefits of eldercaring coordination for high-conflict cases.

Reconsidering How to Honor a Father's Wishes

(8/03/18)Nancy Shuger

This article illustrates how a mediator can assist parties to move from their positions to their underlying interests.

Disability Mediation : An Overview

(6/14/18)Ryan Compton

This article is to give an over view of the use of disability mediation and a case study. The article will highlight some of the benefits of utilizing specialist mediators, confidentiality and why disability mediation works.

3 Reasons Why You Want to Mediate Guardianship Disputes

(4/27/18)Lee Drizin

Settling the issue of who should take legal guardianship over a ward can be a long, drawn out, and tedious process.

Why Are You And Your Sibling Fighting Over Your Parent's House?

(4/12/18)Kamela Laird

In this model, the lawyer-mental health professional duo creates a safe container for you and your sibling to communicate authentically about what really matters to you.

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

(1/30/18)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.

Mediation, Elder Abuse And Saving The Family: Mediation & Conflict Strategies To Avoid Elder Abuse

(5/26/17)Patricia Porter

As Americans are getting older, more and more issues arise relating to elder abuse in financial and health care settings. Studies show that the majority of abuse occurs within the family. What can be done to resolve these issues? Listen to a respected elder abuse mediator and author, Steve Mehta, and learn how to address these difficult issues.

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.

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.

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.

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.

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.

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.

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.

Tipping Points - Reasons Why Mediation Works in Complex Family Disputes

(9/29/03)Rikk Larsen

Timing is everything. In complex family disputes the simple fact is that mediation can be the forum for positive change, the tipping point, but it needs a number of preconditions to be successful.

Eldercare Mediation: A New Way To Make Decisions Regarding Aging Parents

(9/15/03)Janet E. Mitchell

The article describes how families can work together in making collaborative decisions regarding the care of elderly parents. It defines and explains family mediation, noting the kinds of topics that can be discussed.

Mediating a Key Estate Settlement Issue - Dividing Personal Property

(3/31/03)Rikk Larsen

Mediation with its “structural requirement” that parties focus on and value the dynamics of their relationships and interests before grabbing at specific options can be a powerful process tool for families struggling with difficult personal property distribution issues.

Mediation in Estate Planning: A Strategy for Everyone’s Benefit

(11/04/02)David Gage, John Gromala

How much better would this world be if we all believed that most disputes could be avoided? Mediation is offered as a tool to reach agreement, but the hard work of mediating a dispute requires a knowledgeable, experienced professional. These authors offer observations and strategies based on their expertise and successes in the field.

Mediation in Today's Estate Settlement World

(9/30/02)Rikk Larsen

The estate settlement process has many areas of potential conflict that mediation can often handle far more effectively than ad hoc family negotiations and traditional legal proceedings. Why is mediation effective in this complex emotional field and what can we do to promote its use more broadly.

Mediation of Guardianship and Elder Law Cases

(11/12/01)Robert Grey

Mediation provides an ideal opportunity for the parties to air their differences, feelings, opinions, perceived slights, etc., giving the parties the opportunity to hear, consider and respond to each others’ perspectives and possibly change their own position accordingly. This could result in a measurable reduction in the inefficient use of court resources.

Estate Planning and Family Business Mediation

(9/17/01)Laura Bachle

Unlike J.R. Ewing in Dallas, controversy arises among families and business owners more often as a result of misunderstanding than malevolent motives. When people get beyond the resistance and begin working together on an estate plan MOU or partnership charter, they discover that openly dealing with issues lessens the likelihood of misperception, builds trust and confidence, and improves their chances for long-term success.

Trustee - Beneficiary Mediation

(1/10/01) John A. Gromala & David F. Gage

Mediators can provide a critical service to both trustees and beneficiaries. Being independent, with no stake in the outcome, they can meet with the parties together and separately to help them focus on a search for a solution that meets the needs of all.

The Use of Mediation in Estate Planning: A Preemptive Strike Against Potential Litigation

(5/15/99)John Gromala

Use of an independent mediator during the planning process can help estate planners improve client satisfaction, reduce the probability of family litigation and avoid malpractice claims.



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