Types of Cases that Can Be Handled Through Elder Law Mediation

Posted on by

Nearly any type of elder law case can be effectively handled through mediation so long as the parties participate in good faith and have an open mind during the process.  Some of the most common elder law disputes handled through mediation include:

Residence Decisions

Sometimes a concerned child or family member will see an elderly relative struggle with certain functions and take this as a sign that the individual can no longer live independently.  However, a parent or other individual may still be very capable of taking care of most life functions.  A full range of possibilities exists, including moving in with a child, having a part-time caregiver come in to assist the individual, transferring to an assisted living facility or using available services for assistance and support.

Financial Issues

Another issue that is often disputed is how money will be spent.  An elderly individual may require more financial resources to provide for medical needs.  A caregiver may also need to be paid.  Individuals concerned over the financial aspect of elder care may have very differing opinions on how to tackle such issues.  One of the major decisions that may need to be made is whether the elderly individual should sell his or her home.  Many individuals are reluctant to take this step because it feels like losing freedom.  However, the opposite is often true.  A mediator can help the parties discuss possible solutions.

Adult Siblings

One of the most contentious types of elder law cases involves conflicts between adult siblings.  These parties may disagree about what is best for the elderly parent or relative, including who should serve as a guardian, have power of attorney or be an executor.  These issues often involve complicated family dynamics that a mediator can help maneuver around during mediation.

Why Should I Mediate a Wrongful Death Claim?

Posted on by

A wrongful death case arises when a surviving family member or loved one brings a lawsuit against a party that the plaintiff believes was responsible for the death.  Most often, this type of lawsuit arises from negligent actions.  Mediation provides an effective forum to seek compensation for the loss of a loved one without having to go through the ordeal of litigation.

Emotions

A wrongful death case can be one of the most heart-wrenching cases to litigate.  Often, victims feel victimized twice: once by the actual loss of a loved one and second by the turmoil involved in litigation.  In litigation, the defendant denies any accountability for the death.  Additionally, cross-examination can be a grueling experience in which other parties or even the victim is blamed for the death.

Mediation provides a mechanism in which the surviving family member can share the feelings of anger, resentment, sadness, depression and confusion in a safe environment.  Mediators are specially trained to handle conflict and difficult situations.  Often, talking through this information with a mediator can be cathartic.  It can also help the victim focus on objective goals rather than on the raw emotions.  Although the defendant may have different emotions, these can also be addressed in mediation, providing a calmer and comforting experience for all parties involved.

Non-Binding

One surprising benefit of mediation in this context is that it is non-binding.  Either party can simply decide to walk away and continue with litigation.  This allows the parties to keep power in the situation and avoid being coerced into an agreement with which they are not satisfied.  Both parties must agree to be bound to any settlement agreement.

Certainty

A jury may provide a substantial economic award to the victim’s family to the defendant’s detriment.  It can also decide that the defendant was not at all at fault for the death.  The parties can both avoid uncertainty by reaching a settlement agreement.

March 1, 2016

Posted on by

United States: Court Enforces Hand-Shake Deal In Mediation – Agreements reached during court-appointed mediation are just as binding as court-sanctioned settlements. For example, the parties in a recent patent-infringement suit ostensibly reached a settlement during mediation, only for one party to recant days later. Giving weight to the neutral-mediator’s view that a settlement had in fact been reached, the Court rejected the recanting party’s about-face and sanctioned it for the additional fees and costs its actions forced its opponent to incur in enforcing the original agreement.

Keep a Divorce From Killing Your Finances – Divorce is obviously a huge emotional experience for everyone involved, but it also takes a toll financially — often on both spouses. The immediate financial burden occurs due to the separation of the household: As couples split, they often wind up doubling their housing, utility, and other ongoing costs. Then, of course, there is the division of assets, which can impede both individuals’ progress toward funding long-term goals like retirement or children’s education.

30-Year Fixed Mortgage Rates Remain Flat; Current Rate is 3.46%, According to Zillow Mortgage Rate Ticker – The 30-year fixed mortgage rate on Zillow® Mortgages is currently 3.46 percent, down one basis point from this time last week. The 30-year fixed mortgage hovered around 3.45 percent throughout the week before rising to the current rate.

Impact of Paternity on Other Decisions

Posted on by

A paternity case often precedes other legal filings. In the case of a father wanting to disprove paternity, this action may come before a father’s action to recover support already paid or a divorce filing. For a father who wants to acknowledge paternity, the action may lead into other requests from the court, including:

Child Support

Once a father’s identity is revealed, he may then be pursued for child support from the mother or guardian of the child. Child support guidelines help determine the proper amount of support that should be paid. In many jurisdictions, child support is determined on a pro rata basis in which both parents incomes are added together and the noncustodial parent is then ordered to pay the amount of support based on his or her proportionate share of the total income.

Visitation

In states that observe visitation agreements, a paternity action is usually a precursor to a request to receive visitation rights. Most states treat child support separate from visitation agreements. This means that a father does not necessarily have the right to visitation by virtue of paying child support. Likewise, a father who does have visitation rights to his child usually cannot be denied visitation by the mother simply for not paying child support.

Parenting Plan

Many jurisdictions use parenting plans when a child’s parents are no longer together. Parenting plans are usually drafted after mediation or negotiations between the parties and their legal representatives. Jurisdictions prefer this method so that parents can help reach an agreement regarding their children without the court’s intervention. Parenting plans may include information about visitation dates, holiday sharing time, contact through phone and mail and other such matters related to the time with parents. Additionally, parenting plans may include information about school, education, religion, extracurricular activities and the child’s health.

Legal Separation Issues Prime for Mediation

Posted on by

When parties have reached the conclusion that they would like to separate but are not quite ready for divorce, they may choose to get a legal separation. In many states, the date when a legal separation is issued can be very important because it may mean that other facets of a couple’s life are separated, such as income and property rights. Many times, a couple’s separation agreement may later be incorporated into the divorce agreement. When the parties are able to reach their own agreement, they can often save money from expensive legal fees. For this reason and others, mediation may be sought so that the parties become a proactive part of the agreement. Some provisions that spouses may wish to include in their separation agreement include:

Property Division

When this issue is litigated, both of the parties may wind up dissatisfied. Judges do not take sentimental value and other such factors into consideration. Instead, there is often a certain balance that must be achieved and each item is given a certain value. When the parties are able to mediate this issue, they can decide for themselves who should receive each item without the worry of losing property that is more personally valuable to them.

Parenting Plan

The sooner the parents can form an amicable relationship as co-parents, the better for the children. While courts often issue standard visitation and custody orders, parents are in a better situation to tailor a plan in a way that will work for them and take individual considerations into account, such as school activities and work schedules. They can also include more customized information in their parenting plan, such as visits with extended family, childcare arrangements, vacation notification policies and plans to address potential problems that may arise.