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Elder Mediation Articles

Elder Mediation Articles


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.

Disputing at a Panchayat Meeting

(9/14/19)Peter Adler

When I was twenty-two years old, I did a two-year stint as a Peace Corps Volunteer. Here is a brief account of a dispute resolution meeting with a local governing council called the panchayat.

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.

CMS Issues Final Rule Allowing Pre-Dispute Nursing Home Arbitration Agreements

(8/09/19)Beth Graham

Nursing homes are now able to have protection and a clear plan with arbitration agreements.

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.

Mediation Dance-Writing

(11/28/18)Peter Adler

Sometime between 480 and 221 BC during China’s Warring States Period, a general named Wu wrote a short and now widely read treatise on how to win a big fight. The highest excellence, he said, is the “sheathed sword,” achieving your goal without fighting.

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.

The Gang of Fourteen

(5/29/18)Peter Adler

These are dark times, especially if you are part of the loose community of people who by virtue of nature and/or nurture, are of a mediative persuasion.

Interview with Jay Folberg - Views from the Eye of the Storm

(5/01/18)Jay Folberg

This is the complete interview by Robert Benjamin with Jay Folberg filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

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.

ADR in the Regulation of Aged Care

(11/06/17)Shirli Kirschner

The role of ADR in the aged care sector has a chequered history with regulatory bodies and dispute resolution processes frequently changing in response to public concerns and budgetary considerations.

Interview with Zena Zumeta - Views from the Eye of the Storm

(9/30/17)Zena Zumeta

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.'

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.

Nursing Homes May Continue to Use Arbitration Agreements

(5/22/17)Sarah Cole

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.

Best Practices for Managing Wills Between Family Members

(4/28/17)Elaine Rushing

An “unnatural” disposition in a decedent’s will can cause intra-family conflict, and will contests are often expensive and lengthy.

Federally Funded Nursing Homes No Longer Allowed to Require Residents to Sign Binding Arbitration Agreements

(10/07/16)Beth Graham

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.

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.

SCOTUS Denies Cert in Nursing Home Arbitration Case

(1/15/16)Jill Gross

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.

Federal Judge Orders Sugar Land Nursing Home Visitation Dispute to Mediation

(2/20/15)Beth Graham

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.

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