If you haven’t heard of Bitcoin, just wait—you will. Heralded as a new way of doing business, Bitcoin is an open-source, software-based online payment system that was introduced in 2009. When a payment is made in Bitcoin, that payment is recorded on a public ledger and is made without a central repository, making it a decentralized virtual currency. Bitcoins, the system’s form of digital currency, can be obtained in exchange for money, products and services. Users of the system can send and receive bitcoins electronically, creating a “crypto-currency” payment system.

As can be expected, this idea of “crypto-currency” comes with its share of disputes. The incentive for many merchants to use this service is comparatively lower rates and fees associated with credit card processing. However, since there is no central authority or bank controlling the Bitcoin system, there are no consumer protections offered. It is possible for Bitcoins to be stolen and chargebacks are not possible, allowing an open door for many illegal activities. For example, in 2013, the FBI seized 144,000 Bitcoins worth US$28.5 million from the Silk Road online black market; this was only a small example of how the Bitcoin system can be used fraudulently.

Many experts in the Bitcoin phenomenon are suggesting that mediation clauses and the use of escrow accounts be standard practice for Bitcoin exchanges. Doing so is sound business practice for any individual or company who uses the Bitcoin exchange. Since Bitcoin transactions are irreversible, if a dispute arises, it is left up to the individual users to resolve the dispute; mediation, therefore, provides the perfect venue for this type of dispute resolution. Requiring a mediation or arbitration clause to be signed before any Bitcoin transaction occurs can help businesses or consumers using the Bitcoin network to mitigate any risk that is inherent in using the service.

Here’s an example of how such a clause can be written: “The parties agree that any disagreement or dispute relating to this agreement, or consequential upon its interpretation or application, will be subject to mediation. If no agreement is reached within 60 days of the appointment of the mediator, the dispute will be permanently decided by arbitration, to the exclusion of the courts, according to the laws of (….). The parties may at any time agree to extend such time limits before submitting the dispute to arbitration.”

Image courtesy of ambro at Freedigitalphotos.net

Deborah B. Gentry’s article about resolving sibling conflict in elder parent care cites a study that found “nearly 40 percent of adult children providing parent care reported serious conflict with a sibling, usually related to lack of sufficient help fromthat sibling.”

These results shouldn’t come as a surprise. As mediators, we’ve seen the frequency with which disputes over elder care occur, and recognize that the numbers will likely only go up as families increasingly change to smaller, more widespread units.  Those changes mean fewer resources and even less free time. Add to that the financial and emotional weight of caring for an aging parent or relative, and you have a common situation that makes it easy for siblings to feel overburdened, bitter and even litigious toward their less helpful siblings. Those bitter feelings combined with a court battle create the perfect storm, and many American families are left reeling at the destruction afterwards while attempting to pick up the pieces. This, more than any other reason, is why elder care mediation is so necessary.

The truth of the matter is that as our society changes and the basic structure of a traditional family evolves (or devolves, one could argue), family circumstances that involve elder care disputes will only continue to rise. Preserving those precious family relationships—relationships that, in many cases, are already strained—is becoming more than just a mediation practice. It’s becoming a community service. So in light of the social implications, both now and in the future, how do elder care mediators do the best job at repairing broken family bonds?

The answer is simple and anyone who has parented a child knows the wisdom of it: demonstrate what you want them to learn. If a particular client needs a lesson in respect, show them what respect is. Demonstrate the concept of “respect” through your actions within the meetings, and keep in mind that the tone you set for the mediation sessions will be the one that is reflected back by the other participants.

If collaboration is the goal, demonstrate what that means. In asking the participants to collaborate equally in reaching a resolution during the mediation process, you are demonstrating what they should be doing after the sessions are over. Actions always speak louder than words.

With the recent push toward medical marijuana across the country—and twenty states plus the District of Columbia enacting legislation making it legal—medical marijuana mediationmight just become the newest uncharted territory for mediators. However, the laws relating to medical marijuana and the scope of its use are in a state of transition, as federal law still labels marijuana as a Schedule I substance, even if it is used for medical purposes.

According to spokespersons from the Justice Department, the federal government does not have any intention to challenge these states’ medical marijuana laws. It does, however, remain clear on the fact that there are enforcement priorities, especially for people who are caught selling prescribed medical marijuana to minors or allowing children to have access to the drug.

In the meantime, the debate continues concerning the effectiveness of medical marijuana, as well as the pros and cons of its use as a prescribed medicine for a range of illnesses and symptoms. Research shows that cannabis is highly effective in reducing nausea and vomiting for patients undergoing chemotherapy and those who have been diagnosed with AIDS. It has also shown efficacy in treating pain and muscle spasms as well as PTSD and anxiety, and has been recently touted by some researchers as a highly effective treatment with low side effects for the control of childhood seizures and epilepsy.

So how do mediators approach this uncharted and particularly volatile territory in the upcoming months, especially as pot legislation continues in its current dynamic state? One good approach is to ensure that certain procedures are followed at the onset of the medical marijuana mediation process, particularly related to maintaining a safe space for everyone involved in the meeting. These procedures could include:

• Outlining clear expectations regarding the purpose and general rules of the meeting
• Following a timed agenda, of which each participant has a copy
• Ensuring an atmosphere of absolute respect for all parties in attendance
• Maintaining control over the procedures, regardless of the settlement reached or the outcome of the session

Following these simple guidelines and staying up to date on medical marijuana legislation on both state and federal levels should be your top priorities as a mediator as you swim through these murky waters with your clients. The field will likely see a rise in medical marijuana-related cases and should be prepared to handle them with finesse and expertise.