Elder Mediation Articles
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.
An “unnatural” disposition in a decedent’s will can cause intra-family conflict, and will contests are often expensive and lengthy.
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.
When it comes time to decide on care for an elderly parent, mediation can help family members make tough financial and life care decisions.
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.
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.
This article discusses retirement in non-traditional fields such as mediation and teaching. Should there be a set retirement age?
Elder mediation can be helpful for families trying to make difficult decisions. It helps children and parents make decisions that include everyone's opinions.
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.
(5/10/14)Dane County Bar Association
The Dane County Bar Association's Case Mediation Program has produced videos to help the public understand and use mediation in the dispute resolution process.
(5/02/14)Jan Frankel Schau
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.
You want out. Your marriage is no longer happy. You just need to know the correct process for telling your spouse in a safe and respectful way, and know what are the appropriate steps to take.
(1/17/14)Dr. Lynne C. Halem
As the remaining baby boomers turn 50 this year, we continue to see a significant increase in divorce and separation among the general population of those in that 50-plus age bracket.
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.
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.
In Guthrie v. Guthrie, the validity of a divorce agreement was called into question due to one party's state of mind at the signing. A complicating issue was husband's death during the proceedings.
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.
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?
It has become noticeable that Baby Boomers and even older people are starting to experience a significant number of divorces. Couples married for 20 to 40 years are getting divorced.
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.
(2/15/13)John Bertschler, Patricia Bertschler
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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.