Elder Mediation Section

Elder Mediation Articles

James Coben

Mediation Case Law Video: Divorce Agreement Complications

(4/25/13)James Coben

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.

Patricia Porter

AudioBlog: Transforming Difficult Decision Making In Elder Care Planning

(4/22/13)Patricia Porter

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.

Richard Birke

Signing Arbitration Contracts on Admission to a Nursing Home – Who Is Bound?

(4/08/13)Richard Birke

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?

Dick Price

Facing a Divorce Later in Life?

(3/29/13)Dick Price

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.

Patricia Porter

AudioBlog: Elder Mediation: Family Disputes Over Caregiving

(3/29/13)Patricia Porter

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.

A Survey of Public Awareness of Elder Mediation In Northeast and Central Ohio

(2/15/13)John Bertschler, Patricia Bertschler

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.

JK Belz

Elder Mediation - Video

(4/18/12)JK Belz

Video where the owners of JK Belz Mediation and Crowley Legal Solutions discuss the mediation process. The owners also discuss their focus: elder mediation.

Justin Corbett

The State of Community Mediation

(3/19/12)Justin Corbett

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.

Phyllis Pollack

What's Your Generation?

(12/12/11)Phyllis Pollack

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.)

Stephanie West Allen

Respect Mediation? Love It? Prove It, Shove It, Move It: Mix Things Up, Break the Patterns

(12/12/11)Stephanie West Allen

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.

Michael A. Zeytoonian

We Are Looking for One Good Town

(4/25/11)Michael A. Zeytoonian

What if your entire town made an official commitment to practicing legal wellness, for one year? Or for that matter, your entire company? Or your mission-based organization? Or your family?

Heather Scheiwe Kulp

Foreclosure Mediation Comes to Bankruptcy Court?

(4/11/11)Heather Scheiwe Kulp

The end of March marked the end of two madnesses: Connecticut’s journey to the championship and a foreclosure mitigation bill’s journey through the Senate Judiciary Committee. But the journey is over in only one court.

Victoria Pynchon

10,000 Boomers A Day Do Not Go Gently Into Retirement

(1/03/11)Victoria Pynchon

Even before the recession I was asking anyone within shouting distance just exactly what the country was going to do when the largely bankrupt baby boom became the largest impoverished retired class the country has ever known.

Jeff Thompson

Elder-Care Mediation Expands, Some Embarrassed To Admit It

(12/27/10)Jeff Thompson

I have been noticing more articles on elder-care mediation and found this one interesting and wanted to pass it along to everyone

Jan Frankel Schau

Thinking Within The Box: Facilitated Dialogue Without The Need For Conflict

(12/27/10)Jan Frankel Schau

My parents, 82 years young, are beginning to recognize that they want the input of their adult children in managing their lives: business investments, tax and estate planning, cooking, driving, traveling. This morning we took advantage of the holiday week to all gather together for breakfast and a business-type meeting.

David D. Stein

“Grey Divorce”: Make Sure It's Not “Grave” Mistake

(9/13/10)David D. Stein

Apparently there is a nationwide upswing in divorce amongst an older demographic. This phenomenon is being called “Grey Divorce”.

Jan Frankel Schau

Precious Life: Just Hold On

(8/09/10)Jan Frankel Schau

I had a challenging mediation last week when I was asked to mediate a Conservatorship of an elderly lady, whose two living children could not agree upon the appropriate care for her and could not bear to be in the same room together--leading to an awkward visitation schedule. As a consequence, neither son was "holding on" and both feared she would die alone.

Jeff Thompson

Elder Mediation

(3/29/10)Jeff Thompson

Not sure if anyone saw this in the Wall Street Journal, but recently there was an article in it on Elder Mediation in California.

ABA Section of Dispute Resolution ZZZZZ

ABA 2010 Mediation Video Contest Honorable Mention Videos

(3/15/10)ABA Section of Dispute Resolution

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."

Oran Kaufman

The Benefits Of Facilitated Meetings In Guardianships And Conservatorships: A Case Study

(3/08/10)Oran Kaufman

I recently was involved in a case involving an elder with dementia that is a wonderful case study and a great example of the benefits of an early intervention/facilitated family meeting. The names and some of the facts have been changed to protect the identity of those involved.

Norman Pickell

Mediation For Seniors

(1/05/10)Norman Pickell

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.

Victoria VanBuren

Nebraska Supreme Court Refuses to Compel Arbitration in Nursing Home Case

(11/09/09)Victoria VanBuren

The present case comes as the U.S. Congress considers the Fairness in Nursing Home Arbitration Act of 2009. This Act would render pre-dispute arbitration clauses in nursing home contracts unenforceable.

Susan Curcio M.A.

Elder Mediation Matters: Probate, Guardianship and Family Care-giving

(10/26/09)Susan Curcio M.A.

Conflict associated with estate matters, adult guardianship and family care-giving can tear families apart. Present decisions regarding an aging family member can be influenced by past history. More families will be faced with difficult choices as the population ages in growing numbers. Elder Mediation offers the opportunity to avoid going through the court system which can be costly, time-consuming and divisive. A skilled Elder Mediator can help participants focus on the future and arrive at creative solutions.

James Coben

James Coben: Early Mentor Experience - Video

(10/11/09)James Coben

James Coben describes his early experiences dialoguing with his mentor, which he sees as a basic component to mediation.

Phyllis Pollack

The Big Picture

(8/31/09)Phyllis Pollack

In late May 2009, I flew back to my childhood home to help my siblings move our mother into an assisted living facility. As she had been living in the family home for close to sixty years, it was the move from *!!##*##!!*, to say the least.

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