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What is Mediation?
Elder Mediation is the process of facilitating effective communication and negotiation between parties when there is conflict over issues regarding an elder. Mediation allows the parties to keep control of the decision making and work in such a way that relationships can continue after decisions are made.
To read more about mediation, click here.
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Donna's Banana Bread!
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Instructions
Cream butter and sugar. Add egg. Add banana. Add sifted dry ingredients. Pour into loaf pan and bake 1 hour at 325-350F. Ingredients ¼ cup butter
1½ cups flour
2 cups banana, mashed
1 teasp baking soda
1 egg
1 cup sugar
1 teasp salt
1 cup walnuts or pecans, chopped
"This is my mother's banana bread recipe. A favorite of mine as a child, I now make it for my own family. Enjoy." Heather
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Greetings!
Welcome to 2011. It is a new year. Time for resolutions and new beginnings. In keeping with the theme of new beginnings, we are excited to announce the expansion of our family services to include the mediation services of Oliver Ross, JD, PhD, the founder of Out-of-Court Solutions®. With his background in both law and psychology, Oliver's ElderCare Mediation services combined with our Care Management services offer families the multiple advantages of resolving their disputes without the hostility, time, and expense of adversarial lawyers while also formulating a plan of care for the elder client. If you have a client or family that could benefit from this service, please give me a call to discuss the specifics of this service.
I hope you enjoy this issue of Desert Gazette, Desert Care Management's newsletter. We welcome any comments or suggestions you may have, as we strive to make this publication a resource for our friends, families and colleagues.
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ElderCare Mediation: The Situational Approach
By Oliver Ross, JD, PhD
Part 1: As our health deteriorates, we usually start taking more
Unlike the settlement conference paradigm utilized by most mediators, the Situational model of mediation is based on the proven premise that given the opportunity to share their perspectives and emotional interests in a facilitative environment, elders and family members are much more likely to resolve their disputes quickly and inexpensively.
In situations where the elders' mental capacity is in question, this model also recognizes the efficacy of involving a certified geriatric care manager as a consultant and/or co-mediator. It also recognizes the advantages of involvement by attorneys as consultants not combatants.
This model of mediation recognizes the importance of the mediator having backgrounds in both law and psychology, and having specialized training in helping family members identify and articulate the interests that typically underlie stated positions - such as the needs for autonomy, acknowledgment, fairness, respect, and safety - while also facilitating effective communications and negotiations, providing information, and offering different options and alternatives for the resolution of issues.
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ElderCare Mediation: The Situational Approach
By Oliver Ross, JD, PhD
Part 2: How does the Situational approach to eldercare mediation work? The mediation begins in joint session with the mediator explaining the written Rules and Procedures. For example, that each family member is encouraged to seek independent legal advice at any time during the mediation process or for the preparation of any estate and other legal documents; that everyone must be fully disclosing of all information needed to make fully informed decisions.
The next step is called "Getting Current," which also typically occurs in joint session (unless the parties or their attorneys decide on private sessions). This is a time when each family member tells the mediator their perspective abecause each family member is given the opportunity to express their point of view without interruption, comment, or criticism from other family members, and the mediator is able to clarify issues, reframe perspectives, and provide impartial legal, financial, and other information (not advice).
Next, the mediator helps family members prioritize and discuss issues, consider options, and reach agreements. Depending on the nature of the dispute, emotions manifested, and individuals involved, this stage of the mediation typically occurs in joint and/or private sessions. Most matters are fully resolved in one or two half-day sessions.
Whether or not the elder is present during all or part of mediation depends on his or her mental capacity, which is determined in advance.
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ElderCare Mediation: The Situational Approach
By Oliver Ross, JD, PhD
Part 3: What types of eldercare conflicts are mediated? Situational mediation has proven highly effective in resolving eldercare conflicts involving: a plan for care; the cost of care and other financial responsibility issues; end-of-life planning disagreements; medical decision-making conflicts; safety concerns; Power of Attorney, Guardianship, and Conservatorship disputes. Take, for example, the following mediated disputes:
1. The elder suffered from rheumatoid arthritis and for the past several years has been cared for by her adult daughter while her adult son (a successful businessman) paid for her medical and other healthcare expenses but only called and visited occasionally. The elder let it be known that she wants to give her daughter a Durable Power of Attorney and most of her property. The son claimed that his sister intentionally biased the elder, while the sister denied this and was very insulted by her brother's claim. Wanting her children to be friends, the elder arranged for mediation. This mediation turned on the underlying emotional interests of closeness, security, acknowledgement and respect. The mother wanted her children to feel close to each other and for her daughter to be financially secure, as was her son. The son's claim that his sister had "intentionally biased" the elder was founded in his need for acknowledgement for having paid for the elder's medical expenses. The daughter's feeling "very insulted" revealed her underlying interests in being respected by her brother and acknowledged for taking personal care of the elder. These emotional interests were brought to the surface during the Getting Current stage of mediation, discussed during the remainder of the mediation, with the result that the parties were then able to quickly move into problem solving and resolution.
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