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FEATURED MEDIATORS
 
5/14: Arbitration Fairness Act of 2013 Introduced in Congress As discussed by the American Association for Justice, the new law seeks to end the abusive practice of so many large corporations, including nursing home conglomerates, that seek to insulate themselves from legal accountability with forced arbitration. As the AAJ summarized, the law is critically needed, because when it comes to arbitration, “The process is secretive, costly and rigged so that corporations cannot be held accountable. By removing access to justice, it grants corporations a license to steal and violate the law.” read
The goal of pre-facto mediation is to stave off full-fledged litigation after the death or incapacity of the family leader and, through a guided mediation process, to help family members find peaceful resolutions to inheritance issues. The hope is that in this way harmony at home can be preserved without a great deal of lawyer's fees and court costs. read
A High Court judge has ordered the family of late scouting pioneer Dennis Goh Chin Chye to go for mediation, to settle the row over a five-room HDB flat valued at S$800,000. It is a last-ditch effort to resolve the long-running feud between Mr Goh's 91-year-old widow Eileen Chia Yoke Mui and her two daughters. The mediation, which takes place on Thursday, will involve Madam Chia's two daughters and two sons. read
Empowering elderly people to maintain the quality of their lives and not become victims of abuse and discrimination is one of the aims of a conference being held at the University of South Australia. The Sixth Annual World Summit on Mediation with Age Related Issues is a joint venture between UniSA and the Elder Mediation International Network (EMIN), designed to increase awareness of the benefits of mediation, highlighting global examples of best practice in elder mediation. read
There are times when nursing home neglect attorneys can successfully challenge an arbitration clause and allow a traditional lawsuit to be brought. read
Until recently, it would have been fair to say that older people simply did not get divorced. Fewer than 10% of those who got divorced in 1990 were ages 50 or older. Today, 1 in 4 people getting divorced is in this age group. read
A respected litigation lawyer has urged the county’s families to consider mediation as an alternative to costly courtroom battles – as the number of disputed wills has soared. read
A prominent lawyer explains why it can be the best way to settle estate disputes read
In a suit alleging negligent care of a resident, the court ruled that the arbitration agreement was not enforceable because the resident never signed it. read
The City of Malibu Senior Center will host a free mediation presentation titled “What Is Elder Care Mediation?” read
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A good storyteller is a person who has a good memory and hopes other people haven't.
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In the growing area of elder mediation, which now includes mandatory mediation of adult guardianship issues in British Columbia, a new report calls for mediation practice guidelines, training and ethical standards. The report from the Canadian Centre for Elder Law emphasizes the heightened sensitivity and skill needed by mediators. Ethical issues include determining whether parties have the capacity to participate meaningfully in mediation, the need for legal representation and questions of abuse and neglect.
Canadian Lawyer Legal Feeds (January 16, 2012)
At the conclusion of a mediation among family members which resolved a dispute over a trust, each party signed a settlement stipulation, with the siblings’ attorney signing for a sibling who participated only by telephone. The absent sibling later stated that he did not agree to the settlement, and his attorney scratched out his name. The trial court concluded that the signature of the absent sibling’s attorney was consistent with and indicative of the sibling’s agreement, and his attorney would not have signed the stipulation without authority. On appeal, the Colorado appellate court affirmed the lower court, concluding that the litigation was a derivative action on behalf of the trust, so there did not need to be unanimity among the settling beneficiaries as long as the settlement was just and reasonable.
Saunders v. Muratori, No. 09CA1645 (Colo. App., August 19, 2010)
The Alzheimer Society of Ireland launched a pilot elder mediation program to assist families coping with dementia. Family members are often involved and affected by a relative with dementia and the new model of elder mediation services may help address the resulting stress and family conflict.
Irish Medical Times (June 22, 2009)
Mediation can be very helpful to preserve relationships among heirs who get into squabbles when dividing estates left by their loved ones. While conflicts can be minimized through proactive steps to make decisions and provide clear final wishes on disposition before death, there are also numerous techniques ranging from blind drawings to drawing cards that can provide processes for allocating assets that seem fair to all involved.
Toledo Blade (July 6, 2008)
A research report on an appropriate mediation model for long-term care facilities concluded that care could be improved by involving residents and families through mediation, but that intensive outreach is required within facilities. Many cases referred to mediation were not mediated due to barriers from lack of knowledge of potential benefits and availability. The report was published in the Journal of the American Medical Directors Association.
Health & Medicine Week (August 4, 2008) (Subscription Required)
A pilot program to evaluate mandatory mediation in South Carolina probate courts has been joined by 35 of South Carolina’s 46 counties. A report on the success and cost effectiveness of the mediation program will be submitted to the South Carolina Supreme Court next January. A probate judge in a county which hasn’t yet joined the program is leaning toward participation, due to the benefit of families being able privately to work out solutions to their concerns with the help of a neutral mediator, but is concerned about delays and costs that might result from adding a mediation step to the process (even though those are often the very attributes of mediation that generate enthusiasm).
South Carolina Now (February 23, 2008)
