Elder Mediation Articles
ADR in the Regulation of Aged Care
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 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.
Interview with 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.'
Disputing at a Panchayat Meeting
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.
Three Secrets About Difficult Conversations
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
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.
SCOTUS Denies Cert in Nursing Home Arbitration Case
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
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.
Retire Already! Why?
This article discusses retirement in non-traditional fields such as mediation and teaching. Should there be a set retirement age?
Mediation - The Savvy Choice
Elder mediation can be helpful for families trying to make difficult decisions. It helps children and parents make decisions that include everyone's opinions.
Mediating Inheritance Disputes
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.
Values and Interests Revealed in Detroit “Grand Bargain”
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.
People Moving: Using the Dimension of Space to get “Unstuck” in Mediation
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.
Elder Divorce Mediation
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.
To Move or Not To Move an Elder
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.
The Gray Divorce
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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.