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 soon as you begin to contemplate divorce, the nauseating, panic-attack-inducing realization of losing half of your net worth kicks in and you find yourself wondering if it’s even worth it to consider leaving if you’re just going to end up broke and starving.
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.
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.
Here Peter Brewer, a solicitor and partner in the national firm of Clarke Willmott LLP, based in the Commercial and Private Client Litigation team in Birmingham, looks at the recent dispute between step-sisters Deborah Cutler and Anna Winter over their parents’ estate. read
We think the lesson is plain — when estate planning or family business attorneys detect disputes brewing between family members over an estate or family business, there is a small window of opportunity for the attorneys to suggest mediation to their clients to spare them from costly and destructive litigation. read
Mediators can add substantial value to the estate planning process by helping estate planning lawyers prevent or resolve such disputes while mitigating attendant ethical concerns and professional risks. read
The lack of privacy in court proceedings, and the fact that they will always carry a degree of uncertainty, is prompting high net worth individuals to seek alternative ways of resolving disputes over high value trusts. read
What must a family do when they are facing such an impasse and the breakdown of relationships with each other? At this point it may be best to call on a neutral party to come in, repair the damage and help them make the right decisions. read
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