For many of us, long-term care becomes necessary after a certain point. This is often treated as a last resort. Once the difficult decision is made to have a loved one admitted to a long-term care facility, other issues may arise between the family, resident and long-term care facility. Many long-term care facilities use mediation as an effective way to avoid litigation.

During mediation, the parties work together to try to arrive at a mutually agreeable solution. The mediator uses conflict resolution skills to enhance the communication between the parties. If the problem is particularly acrimonious, the mediator may separate the parties and filter the communication between them. The parties are encouraged to brainstorm solutions to the problem.

Because the mediator is chosen because of his or her subject matter expertise, the mediator will also have useful information to share with the parties that can help them better understand their case. He or she can point to recent case rulings or a similar case he or she presented, pointing out the weaknesses in the position.

The mediator serves as a facilitator between the parties, urging them to realize their own interests and reach an amicable agreement. If the parties agree to settle their case, the mediator provides a written contract that sets out the terms of their agreement. The contract can be enforced as a typical contract. If the case had already been filed in court, the agreement can be presented to the judge and made into a judicial order.