Training to be a mediator is very popular particularly for people who have been made redundant and are looking for alternative stimulating and rewarding employment. And quite right too because being a mediator is deeply satisfying work!
Yesterday, the Department of Health and Human Services’ Centers for Medicare and Medicaid Services published a regulation that bans federally funded long-term care facilities such as nursing homes from using pre-dispute binding arbitration agreements.
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.
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.
On Monday, the Supreme Court declined to review a decision of the Supreme Court of Texas that enforced a pre-dispute arbitration clause in an agreement a patient signed with a nursing home pre-admission. After the patient died, her family sued the nursing home in state court alleging negligent care and wrongful death.
This is the complete interview by Robert Benjamin with Zena Zumeta, long time mediator, trainer and former President of the Academy of Family Mediators, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.'
This article was originally posted during October of 2006. That was a time when the Bush administration absolutely refused to talk with Iran. This outraged many Americans, including many mediators. Now, with the U.S. and Iran seriously talking, if not agreeing, it is appropriate and timely to wonder whether this example of "mediator activism," now 9 years ago, may have played a small part in encouraging the negotiations that have come to take place.
A Sugar Land nursing home dispute that arose after an elderly resident’s family was banned from a long-term care facility over a number of social media posts has reportedly been ordered to mediation. According to a complaint filed in the Southern District of Texas, Silverado Senior Living barred a woman’s two sons and daughter-in-law from the premises after the individuals refused to remove several photos and videos of their mother at the facility from their social media accounts.
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.
The story of the Detroit bankruptcy mediation’s emerging “Grand Bargain” (as it has been dubbed in the media) is a fascinating case of many different groups working to protect their chosen interests. The bargain demonstrates how mediation allows parties to consider what they are willing to give in order to secure the things that matter most to them, and how traditional rivals may collaborate for a shared goal.
I read Ken Cloke’s newest book, “The Dance of Opposites” over the last weekend and then yesterday I attended an excellent training by my friends and colleagues at the IAM, Tracy Allen and Eric Galton at the United States District Court. They reminded me of a concept Tracy calls, “People Moving” as a means to getting the parties out of position that appears to be heading towards impasse or “stuck”. In essence, the concept is simple in both dancing and negotiating: if you stop moving, the dance is over.
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.
The ABA Section of Dispute Resolution announced the 2010 winners of its First Annual Mediation Video Contest. Honorable Mention was awarded to the following 3 videos:
"Mediation: Everyone's a Winner!", "Elder Mediation: A Solution For Families at War", and "Mediation Works."
Elder Mediation-a Solution for Families at War (3 minutes) looks at a
typical family conflict over the care of an aging parent, and shows how a
mediator can help bring disputing siblings together to work out a solution.
This brief video illustrates how a court battle can be avoided through using
mediation. A vulnerable senior's choices and quality of life are at stake
in this volatile battle for control between his adult children.
This simulation discusses multiple types of mediation. It gives an example of a foreclosure, community, marital, special education, elder, and landlord/tenant dispute. It was a submission to the ABA Dispute Resolution Contest by Child and Family Services.
Mediation, long considered to be an alternative to lengthy expensive divorce actions, can also be used in other contexts, notably where there is a dispute among adult children regarding frail, disabled and incapacitated parents. read
The most common land related disputes that appear in the system include inheritance boundaries, divorce, land registrat, polygamy, land renting, ascending part, land transactions, expropriation, and genocide land related conflicts. read
The Connecticut Probate Courts offer a mediation program designed specifically to help individuals resolve contested probate cases. The program is unique in that all mediators are current or retired probate judges. read
When elderly people encounter changes that bring stress and challenges to their lives and those of family members, mediation provides an opportunity for all concerned to participate in a safe, respectful and moderated conversation where differences can be discussed, information gathered and agreements reached. read
With the assistance of a mediator, preferably a certified mediator with either eldercare or healthcare experience, people are able to create unique solutions to problems. These unique solutions are not solutions typically implemented by judges. With mediation, solutions can be achieved without waiting weeks, months or years, and mediator fees are usually less than attorney fees. read
An Irish mediator has been recognised for her contribution to elder mediation at the Elder Mediation World Summit in Linz, Austria. Margaret Bouchier was presented with the The Sherren Award by the Elder Mediation International Network (EMIN), of which she is the ethics committee chair. read
Mediation may be the answer for elder care challenges. Mediation is a process where people in conflict privately, effectively and safely discuss their perspectives and proposed resolutions. Each family member’s perspective should be heard before crafting a plan. read
Are there any services that you know of that help families resolve caregiving conflicts? My mother — who just turned 82 — recently had a stroke, and to make matters worse, my two siblings and I have been perpetually arguing about how to handle her caregiving needs and finances. — Bickering Siblings read
While probate court judges routinely hold hearings and issue decisions, probate courts also offer mediation, a chance for the parties to resolve their disputes amicably and in a less formal setting. The state's probate court leadership is pushing for more cases to be resolved this way. read
Mediation can help siblings and relatives make sound decisions about how to care for an elderly family member because end-of-life care is a topic that many families do not discuss, says one expert. read
Mediation, long considered to be an alternative to lengthy expensive divorce actions, can also be used in other contexts, notably where there is a dispute among adult children regarding frail, disabled and incapacitated parents. If there is anything that brings out old family conflicts like care for, abuse of, and costs relating to elderly parents, I do not know what it is. read
Families argue -- especially around the holidays. Overbearing in-laws, wayward teens, stepfamilies, elder care or antiquated parenting plans can turn a home into a war zone. While some situations are easily resolved, others can linger for months -- even years. Instead of allowing conflict to fester -- consider mediation. read
Will Saints and Pelicans owner Tom Benson face his estranged daughter Renee Benson across a mediation table in San Antonio? The question is the latest dispute in the Benson family feud. Renee Benson's lawyer said Tom Benson wants the option to skip mediation in their trust dispute in Texas and send representatives in his place. Renee Benson's legal team argues that the 88-year-old must participate in person. read
Retirement village dispute resolution could be improved soon, after a forum in Auckland last week found a gap in the system. The outcome could be a beefed-up mediation process for the approximately 33,000 residents who live in a steadily rising number of villages, attempting to resolve issues faster between the owner/managers and the residents - and complaints might be able to be made online soon. read
Saints and Pelicans owner Tom Benson and his estranged daughter have agreed to work with a mediator on a possible settlement in the fight for control over the family's assets in Texas, lawyers for both sides said Monday (Oct. 19). read
The Nassau County Bar Association has launched a pilot program allowing parties in guardianship disputes to enter mediation, with mediators provided by the bar and an investment advisory firm. Through the pilot program, 20 court-referred cases will receive up to four free hours of mediation. If the parties do not reach a resolution during the four hours, they will have the option of paying for additional mediation for $300 per hour, which is the bar association's standard rate. read
Mom has Alzheimer's disease, your siblings refuse to talk to one another, and your kids are too busy to lend a helping hand. Somehow, all the caregiving duties have been left to you. What to do? Call an elder mediator. You may not have heard the term before, but, with an aging population, the emerging practice of elder mediation could soon become a staple in age-related care. read
Unlike traditional psychotherapy, which can take years to unearth entrenched problems, mediation is more focused on the present. The mediator does not advocate the viewpoint of any one person; rather, he or she acts as an impartial third party, helping resolve conflicts in ways that are acceptable to everyone. read
Two industries that significantly benefit from the mediation boom are hospitals and senior communities. There are a number of significant reasons that these industries are starting to take notice of mediation as a standard practice. read