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.
In a very unsurprising decision, the Supreme Court ruled 7-1 that a Kentucky nursing home can enforce contracts signed residents’ relatives that required all disputes involving the nursing home to arbitration.
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.'
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.
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.
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.
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.
In his poem “Mending Fences,” a Robert Frost character declares that “good fences make good neighbors.” Good advice for neighbors, perhaps, but not for family members, particularly when sensitive matters, such as dividing family assets, are on the table. read
Disputes between and among owners of family-owned businesses are sometimes unavoidable. When such disputes progress to litigation, they can be extremely costly, time-consuming, and disruptive for the business and its owners. read
In The New York Times, Paul Sullivan writes that wealthy families who once turned to their lawyers over matters of inheritance are now pursuing a different method of conflict resolution: transformative mediation. 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
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
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
A Bexar County Probate Court Judge has reportedly asked the parties engaged in a high profile battle over a trust valued at nearly $1 billion to engage in mediation. In the case, the 88-year-old owner of the National Football League’s New Orleans Saints and the National Basketball Association’s New Orleans Pelicans, Tom Benson, and his only daughter are apparently at odds over control of the assets that were placed in trust by Benson’s late wife who sadly passed away in 1980. 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
To settle a long-running ownership dispute over their father’s Nobel Prize and Bible, the children of Dr. Martin Luther King Jr. have turned to a man who knows something about conflict negotiations: Jimmy Carter. The former president has agreed to serve as the King siblings’ mediator in a court battle over whether brothers Dexter Scott King and Martin Luther King III may sell their father’s possessions, Their sister, Bernice King, has argued the items are sacred and should remain with the family. 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
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
A legal battle over the Rev. Martin Luther King Jr.'s traveling Bible and 1964 Nobel Peace Prize is headed for court-ordered mediation, and lawyers for both sides said Wednesday they hope for a lasting resolution to issues that have long divided the civil rights icon's heirs. read
When you are rich, trusts can help keep everyone from one day knowing just how rich. Of course, trusts serve a lot of other purposes, many of them related to passing wealth along to children and other beneficiaries. And when fights break out over how assets are distributed and to whom, the shield of privacy can start to crack. If a dispute makes it into court, all bets regarding privacy are generally off, estate lawyers say. “If it is going to be litigated, you can’t really protect that trust” from prying eyes, says Nancy Chemtob, an attorney specializing in family law at Chemtob Moss & Forman LLP in New York. read
Attorneys for Williams’s widow, Susan Schneider, and his three children from previous marriages, squared off in probate court in San Francisco on Monday and agreed to private mediation, hoping to settle a dispute regarding the contents of his estate. read
When Summit County Probate Judge Elinore Marsh Stormer took office in January 2013, she declared her intention to use mediation as one means of resolving disputes brought to her court. Judge Stormer developed a mediation program, and longtime Akron attorneys William Dowling and Douglas Godshall were appointed as court mediators. Concluding its first year of operation, the mediation program has proven to be a success, enabling the parties involved to resolve numerous disputes without the need for lengthy litigation and court trials. read
Gina Rinehart, after failing to persuade an Australian judge to have a family dispute over a multibillion-dollar trust resolved by an arbitrator, won her bid for a final mediation attempt. Supreme Court Justice Patricia Bergin in Sydney today dismissed Rinehart’s bid to stop the trial and refer the dispute to arbitration. Bergin granted Rinehart’s request for mediation, to be held before Sept. 26, and if the dispute isn’t resolved the judge scheduled a five-day trial to start Oct. 8, a week later than originally planned. read
A hot issue percolating among the states is whether a clause in a will or trust requiring alternative dispute resolution — usually arbitration — should be enforced by the courts. While initially courts appeared to frown on such provisions, the trend has shifted recently, particularly with a ruling by the Texas Supreme Court upholding such a clause. 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
UK: Huge rise in disputed wills; mediation recommended
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
Mediation rejected between Australian mining magnate, kids read