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.
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.
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.'
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.
Family mediation can possibly help your family overcome a conflict. What mediation does differently is attempt to solve disagreements in two or three sessions, which can be cost effective -- if the situation fits. read
Expensive lawsuits or standoffs that damage businesses the family is arguing about can threaten the very work you’ve done over time. You’ve tried to preserve wealth and keep families on track. They can ruin your best efforts. read
Many California trust and estate disputes are resolved by mediation instead of a final adjudication in the Superior Court. Mediation can offer a custom-crafted resolution to a case that avoids the stress, expense and unpredictability of a trial. read
Before going to court, parents who file maintenance applications will have to attend mediation before their case is heard by the Tribunal. Last year, mediators resolved half of the maintenance applications filed, an increase from 39 per cent in 2013. read
Enter transformative mediation, an ambitious but often lengthy process with a single goal: to get the people involved to think differently. If siblings are successful in changing their thoughts about each other, practitioners say, the present conflict will be resolved and the relationships that the siblings have with each other will be altered. 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
Mediation, long considered to be an alternative to lengthy expensive divorce actions, can also be used where there is a dispute among adult children regarding frail, disabled and incapacitated parents. read
Ku?ikahi Mediation Center and West Hawai?i Mediation Center, in partnership with Hawai’i County Office of Aging, have partnered to launch a new program providing mediation and conflict resolution support services for kupuna, caregivers and families on Hawai?i Island. read
Adult siblings often find themselves at odds when a parent needs long-term care or nears the end of life. Here are tips on finding a mediator to help your family navigate thorny caregiving issues. 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. 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