ELDER MEDIATION

One lesser known area of mediation is focused on elders.

It is estimated in the United States older adults will number 78 million by 2035 while those under age 18 will number 77 million. By mid-century, one-in-five residents will be 65 and older. That growing population has brought a renewed focus on elder mediation. 

In general, elder mediation is a voluntary process in which a mediator works with parties to address disputes involving older adults, family members, or others in their lives with age related issues. The overall goal is to enhance the decision-making rights of the older person and promote quality of life for all involved. 

A wide range of issues can be addressed, including turning in one’s driver’s license, living arrangements, caregiving needs, family business issues, and end-of-life decisions. 

Elder mediation does not replace legal advice. It should be complementary to the practice of elder law. Elder mediation should be used to identify and address the underlying concerns in a cooperative, non-adversarial setting. Attorneys should be consulted for legal advice and drafting of legal documents as a result of decisions made during such sessions. 

Mediators with the background and skill to conduct elder mediation will typically identify themselves as family mediators with additional training to address the aging process and family dynamics. With training in aging, elder mediators have sensitivity to the issues facing older people and have developed appropriate listening and language skills.

Family members who have used elder mediation typically report the process provided peace of mind and enhanced their lives as family relationships improved.