WHY A FAMILY MAY LEARN TO TRUST MEDIATION
Mediation is based on self-determination and is focused on informed consent. All decisions are made solely by the family and none are imposed by the mediator.
Participation is voluntary. Anyone may opt in or opt out at any time for any reason or no reason.
Mediation communications are confidential as provided by law. They do not create case law.
The mediator is neutral and impartial – he/she cannot act in a biased manner, take sides, or have a stake in the outcome
An elderly person may participate with dignity and autonomy to the extent possible. The mediator has a responsibility to ensure that the elder’s interests are articulated. Professionals such as geriatric care managers, clergy, financial planners, support persons, caregivers, pets, etc. may participate when and if appropriate and desired by the family. Each family member has a right to legal counsel.
Mediation conferences are scheduled to take place in-person or electronically by video or telephonically during the best time of day suitable to their needs and circumstances of the participants. Mediations are conducted informally and privately in a group or individual conference.
Each family member is provided the opportunity to fully express his/her views and to make recommendations. Topics for discussion are selected by the family. The mediator considers no topic too complex for discussion at mediation.
The mediator’s role is to encourage effective family communication, mutual listening, the reduction of obstacles, clarification of issues, and consideration of possible remedies. The mediator is trained to de-escalate any negativity arising from past family relationship patterns, personal differences in philosophy, and the limitations of life circumstances, residential location, availability, and financial resources.
Mediation affords family members the opportunity to make important decisions on a timely basis. When family members are able to control the outcome of mediation they may craft a tailor made agreement to meet special circumstances. Such a voluntary agreement with informed consent is more likely to be durable and strengthen sibling relationships in the future. Mediation may be significantly less costly than litigation in both emotional and monetary terms. When unresolved issues are litigated, no one can guarantee the outcome, Judges make decisions based on an interpretation of facts and law.
An initial consultations is free and without obligation. CONTACT PAT