ELDER MEDIATION

In the recent past when families believed an elder member had physical or mental conditions that affected decision making, someone typically confirmed it through the courts.  In the 1990s, some jurisdictions began offering mediation after the filing of the petition so that the family members and the elder in question could discuss alternatives, which would address issues without taking away the rights of the older relative to make all or most of their own decisions.

Soon, Elder Mediation began to include a wide range of aging issues that families might experience.

Two characteristics make elder mediation unique: Typically, Elder Mediation includes the older person with members of their family. Second, the issues addressed are related to the well-being of the older person and can include such things as turning in a driver’s license, discussing living/caregiving arrangements, financial issues and end-of-life decisions.

Elder Mediation can not replace legal advice and should be complimentary to the practice of elder law. It should be used to identity and address the underlying concerns in a cooperative, non-adversarial setting. Attorneys should be consulted for legal advice and drafting legal documents that outline decisions made during Elder Mediation sessions. 

Mediators with the background and skill to conduct Elder Mediation will usually identify themselves as family mediators, which can be social workers, marriage/family counselors, psychologists, attorneys, clergy and other types of professionals. But to conduct Elder Mediation, they should have additional training with the aging process and family dynamics. With training in aging, elder mediators have sensitivity to the issues facing older people and developed appropriate listening and language skills.

Elder mediators must be cognizant of the older participant’s ability to understand and engage in the mediation. If the mediator believes the person needs assistance to present their concerns, the mediator may suggest an advocate be present. However, if there are questions of any of the participants being cognitively capable of competently participating in the mediation process, the mediator will terminate the session and refer the parties to appropriate professional help.

The anecdotal evidence is that family members typically report that the mediation gave them a greater peace of mind and enhanced quality of life as family relationships improved.