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.
Perhaps you've come to the realization that divorce mediation is the way to go for you and your spouse, but how do you choose a divorce mediator? After all, not all divorce mediators are created equal.
Conflict in family estate cases can often be lessened by guided communication. The degree of conflict in some disputes can be minimized by more sharing of information by the personal representative with the heirs.
In the theme of Valentine’s Day, I attended a networking meeting of a group of lawyers today who almost uniformly reported that what they loved about their jobs was bringing solutions to their clients who presented them with a wide array of legal problems, ranging from tax indebtedness to estate planning to white collar crime to divorce.
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.
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.
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.
As private practitioners in the field of mediation over the past fifteen years, we have struggled along with our professional colleagues nationwide to increase public awareness of alternative dispute resolution, particularly mediation. We have been gratified to see awareness grow due to the work of many individuals and professional advocacy groups, as evidenced by this survey.
When a loved one dies, dealing with the preparations for the funeral are more than enough. Your emotions are raw and this is a very difficult time. In addition to the funeral planning, you will also need to deal with the last will and testament left by your loved one. No one really wants to think about material things at this time but it is very important that you have a probate lawyer assist you with this process.
At the beginning of every mediation session, I am not sure which hat I will be wearing. Will it be the role of the poker player who is dealing for dollars? The priest who listens to his parishioners’ penitence? The bartender who tells stories? The judge who tells the parties what to do? The philosopher who shares thoughts about the way of the world? Some days I wear all those hats. Other days I might wear just one. As my experience over many years has developed, there is one hat that I find myself wearing more often -- the Village Elder.
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.
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?
The National Association for Community Mediation (NAFCM) has released its much-anticipated new report: The State of Community Mediation. This fieldwide assessment is the most comprehensive in nearly a decade, and includes many never-before reported statistics detailing the size, scope, and impact of the the community practice area.
This article presents a discussion about the potential for mediation to be utilized as a suitable option for cases of white collar crime. Punishment of white collar crime in the workplace has traditionally been dealt with by internal disciplinary procedures prior to the police and then the courts, but it has become apparent that not all cases may be suitable for the legal system. Naturally, criminal proceedings and custodial sentences are the only option in some cases, but, with prison numbers at record levels, penal servitude should no longer be seen as the only option when it comes to lesser crimes.
As seniors grow older, decisions often need to be made about where to live, should the senior continue to drive, how should financial affairs be managed and what kind of medical care is appropriate. These are tough emotional decisions often requiring difficult conversations within a family.
Mandatory Mediation of Disputes Urged as Best Practice for Commercial Real Estate Financing
The CRE Finance Council has released new “best practices” initiatives to enhance safeguards for the commercial real estate finance market, which include mandatory third-party mediation prior to bringing any legal action.
National Mortgage Professional Magazine (March 24, 2011)
Today we're creating a Silver Asshole Award for the individuals (there will always be two) who best illustrate the proposition that an asshole is not a person but a behavior and not one person but two. Given the reduced qualifications for the Silver Medal, we'll be sending the winners a .pdf of the first chapter of the ABCs - A is for Asshole. This month's winners are an unidentified yawning student at Cornell (whose name, rank and serial number I will keep confidential if s/he wishes to pick up the prize) and his/her professor, Senior Lecturer Mark Talbert.
The second issue of ADR Times Perspectives (Vol. 1, No. 2, Nov. 2011, hit my e-mail inbox the other day. Having enjoyed the first issue, I eagerly thumbed through this second issue and found an interesting article by Jasper Ozbirn entitled “Generational Gaps in the Workplace” (at pages 8-9.) According to its author, the purpose of this article is “. . .to provide the briefest of primers on how generational differences can play out in the workplace to create a conflict.” (Id.)
Body posture influences quantitative estimates. We predicted that people would make smaller estimates while leaning slightly to the left than they would while leaning slightly to the right, and this prediction was borne out by our results.