Mediation in Elder Law Disputes: An Efficient and Useful Process

Mediation is a valuable resource in elder law disputes and saves all parties the cost of time, money, and emotion. Used frequently in the area of matrimonial law, mediation is an alternative to court proceedings.

With the help from a mediator, the parties work together to reach their own agreement—this differs vastly from arbitration, where the arbitrator makes the final decision.

Mediation has a variety of benefits including:

• An efficient use of time and money;
• A method that avoids the emotional toll of a court process; and
• The potential to discuss an unlimited range of subjects (In a court trial, a judge is going to limit discussion topics).

In mediation, long-term, simmering feelings of resentment or disrespect—instead of the actual issue—often become the subject of the sessions.

As a result, parties come together and hash out both new and existing problems.

Mediation as a Dispute Resolution Tool

Mediation is an advantageous choice in many different types of disputes.

For example, mediation could help resolve conflict between siblings who have both been granted power of attorney, yet differ in opinion on how that power should be implemented.

Or, in the event that a parent has not designated a health care proxy among the children, mediation can assist in the decision-making process.

Lastly, mediation allows for parties to avoid a costly will contest. Usually with a will contest, no one inherits; thus, mediation helps the parties to settle the dispute on their own terms.

Benefits of Mediation

In the area of Trust & Estates and Elder Law, mediation has been practiced for a number of years in other states, including California and Massachusetts. Expanding mediation would be beneficial for families as well as the court system—judges could refer appropriate cases to mediation. Once the parties reach an agreement, the mediator’s written terms of the agreement could be enforced by the court if necessary.

Choosing mediation does not preclude attorney representation. In fact, attorneys can remain part of the process, review the mediation settlement, and provide an opinion. Despite potential attorney involvement, the parties will still work together to reach their own agreement.

If you would like to further explore the benefits of mediation in elder law cases, please contact us.

Robert W. Shaw, Esq.
(914) 328-1222
E-mail Bob

Tags: Bob Shaw, Dispute Resolution, Elder Family, Mediation