Elder abuse is a serious problem that affects millions of Americans. It is believed that instances of elder abuse are drastically underreported. When a loved one is concerned about their loved one being abused or neglected they may immediately jump to litigation. Mediation is a viable alternative that offers many benefits to parties, including:

Privacy

Mediation is a private process. It is not conducted in an open forum like a court case is. It is also confidential, so the parties do not have to worry about what they say being used against them later in court. Privacy helps to protect the loved one, as well as the nursing home, which can avoid negative publicity. It also facilitates open discussion so that the parties can clear up misunderstandings.

Faster

Mediation can be scheduled based solely on the parties’ and mediator’s schedules. Parties do not have to try to add their names to an exhaustive court docket. By resolving disputes faster, the parties are often able to minimize damages and preserve relationships.

More Affordable

A lot of expenses go into litigation, including:

• Court costs
• Attorney fees
• Discovery costs
• Expert witness fees

These sums can result in significant costs to both parties.

In mediation, the parties can often minimize their costs. They may not incur filing fees if they immediately seek resolution through a mediator and bypass the litigation process. Additionally, they can split the cost of mediation.

Preservation of Relationships

Mediation is often able to help the parties maintain a civil relationship with one another. Unlike in litigation where the parties are pitted against each other, the parties work together in mediation to come up with possible solutions to their shared legal problem.

Creative Solutions

In mediation, the parties are often able to brainstorm creative solutions to their legal problem. They are not restricted like they are in litigation to money damages or other limited forms of relief.