Legal BytesTM
Elder Mediation Resolves Family Conflicts

It’s amazing how quickly family members can become adverse to one another when dealing with inheritance issues or the care of elderly parents. A tight- knit, loving family can crumble and break apart, as long-lasting animosity is sometimes the consequence of dealing with the final years of elderly parents.

Some families simply find it hard to communicate. In others, well-meaning children and parents simply do not agree on the best course of action. Parents can feel like children are trying to move in and control their lives and take their freedom away prematurely. Other times, children do, in fact, unnecessarily attempt to remove a parent’s freedom. Disagreements lead to suspicion. Suspicion or distrust can lead to anger, severing the channels of communication between family members.

A neutral, third party may be able to help repair the damage and help the family members discuss their goals, their concerns, and reach an agreement about the best course of action.

A practitioner experienced in elder mediation is a perfect choice for solving disagreements due to issues with the elderly.

Mediation is a non-adversarial approach to resolving disputes. Mediation is a non-binding process, where parties with a disagreement can mutually negotiate a solution to the problem. A judge does not render decision. The mediator simply talks to the parties involved, often times separately as well as together. An elder mediator is skilled in the art of negotiating resolutions between elderly parents and family members. Such an expert can often give the family a perspective it cannot gain on their own, and the expert should be able to provide creative solutions to the families’ concerns.

A skilled elder mediator may also invite additional experts, such as care managers, to a meeting to help educate family members and give them a new perspective. All parties involved through the mediation process should learn and consider options not previously contemplated, and parents should be able to freely express their wishes and desires.

Mediation often results in a written plan with specific responsibilities for each family member.

Persons interested in finding an elder mediator may contact an elder law attorney at www.NAELA.com, by contacting the state bar, looking through the local phone book, or otherwise searching the internet for mediation in your area.

This column is designed for general information only. The information presented in Legal BytesTM should not be construed to be formal legal advice nor the formation of a lawyer – client relationship. If you have legal questions, you should consult with a lawyer.