Elder Law: Elder Mediation

Category: Education

Presentation Description

This presentation accompanies Kevin Nelson's article entitled, "Elder Mediation for Texas Attorneys: Avoiding Conflict Before It Begins (and Building Your Practice While You’re At It)," written for a class at Regent University School of Law. The professor posted the paper & presentation on her Family Restoration blog. Read more at http://regentfamilyrestoration.blogspot.com/2010/05/eld er-mediation-can-restore-families.html Learn more about Regent University School of Law at http://law.regent.edu.


Presentation Transcript

God Won’t Ask You to Settle : 

God Won’t Ask You to Settle

Slide 2: 

God wants the very best for you (Jer. 29:11-14) If you seek Him, you will find Him (Matt. 7:6-11) If you walk “uprightly,” He will not withhold any good thing from you (Ps. 84:11) Implies that good things can be withheld However, He will not keep you from willfully making bad decisions (or “settling”) (Ps. 81:10-16)

Slide 3: 

Seek God wholeheartedly Seeking anything else only leads to compromise and disappointment (even if what you’re seeking isn’t bad) Don’t take the easy road, and don’t settle

Elder Mediation : 

Elder Mediation Avoiding Conflict Before It Begins

What Is Elder Mediation? : 

Voluntary Unless mandated by the court (results are non-binding) Group Session Neutral Mediator Collaborative Agreement Elder law issues Guardianship Probate Long-term care planning What Is Elder Mediation?

Why Use Elder Mediation? : 

Aging Population Growing need for better solutions for the elderly Economic Difficulties Need for less expensive legal services Better outcome than litigation where successful Litigation rarely makes the party whole Often irreparably damages family/emotional relationships Voluntary and Confidential Litigation is public and the result is arbitrary Why Use Elder Mediation?

Appropriateness of Mediation : 

Ideal as a planning tool in situations where family relationships are such that outside intervention/moderation is needed to facilitate an agreement Elder Mediation is not appropriate for all situations: Abuse Incapacity Severe Power Imbalances Appropriateness of Mediation

History of Elder Mediation : 

Born out of the use of ADR in disputes involving the disabled (who were often elderly) in the 80s The Center for Social Gerontology Pilot Projects in Contested Guardianships in the early 90s, expanded to include family caregiver decision-making and collaborative family agreements in 2001 Now, private mediation firms and state-sponsored programs History of Elder Mediation

Practice of Elder Mediation in TX : 

Certification: Only have to complete training if being appointed by a court or other agency Basic: 40 hours classroom instruction and 125 hours of actual mediation experience Parent-Child Disputes: Additional 24 hours of classroom instruction No specific certification in TX for Elder Mediation Practice of Elder Mediation in TX

Practice of Elder Mediation in TX : 

Ethical Issues: Conflicts of Interest Confidentiality Duty to report abuse or neglect Remaining Impartial Informing parties of the role of the Mediator Knowledge is the best asset for successful and productive Elder Mediation Knowing the issues is the key to success Practice of Elder Mediation in TX

Slide 11: 

“True, we build no bridges. We raise no towers. We construct no engines. We paint no pictures -unless as amateurs for our own principal amusement. There is little of all that we do which the eye of man can see. But we smooth out difficulties; we relieve stress; we correct mistakes; we take up other men's burdens and by our efforts we make possible the peaceful life of men in a peaceful state.” - John Davis

Slide 12: 

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