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The Benefits of Elder Mediation

Wednesday, June, 26, 2013



Most of the time, people think about divorce and custody cases or business disputes in the context of mediation, but it's becoming a more popular tool for other types of legal cases, too.  As mediation spreads, the way it's conducted and perhaps the people involved might change slightly, but it's all driven by the same foundation: talking things over with the other party to see if you can generate your own solution rather than going through litigation. 


Mediation has had huge success rates being used in various aspects of the law, with a majority of cases going through mediation coming to a final decision.  Civil judges around the country are using mediation as a tool to manage disputes without the cases being added to an overloaded court calendar, and participants are leaving please after feeling involved with their solutions and working together to create harmonious outcomes.  After the wake of Hurricane Sandy, several states have made it possible for individuals to go through mediation with their insurance companies to discuss claims where the two parties don't agree.  Mediation is becoming more prominent in business partnership disputes and employee discrimination complaints, too.


One additional area of the law where mediation is making headway is that many adults will need some form of medical long term care as they age.  This can erupt into major family disputes when siblings or even cousins don't agree on the best method of care for their relatives.  Especially if one individual has the power of attorney but everyone else disagrees with that person's opinion. 


Every family has their own dynamics, and entering a litigation situation to discuss the issues can inflame feelings and opinions.  Working through mediation, however, allows all involved parties a chance to have their side heard while keeping the peace.  The likelihood that family relationships will stay intact is greater with mediation than with traditional means.