Mediation is:
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Confidential
Voluntary
Flexible
Generates options
Preserves relationships
Solves problems
Common Issues for
Mediation:
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Keeping the elder at home
Where the elder should live
Who the elder should live with
Moving to assisted living or a nursing
home
The elder’s driving
Spending habits
Staying social
Visits and communication
Attendance at family functions
Providing transportation
Concerns about mental health
Choosing a health care agent or power
of attorney
Medical Decisions
Family roles and responsibilities
Guardianship/conservatorship concerns
Disputes with neighbors
Resources:
For more Information:
 aarp.org – search ‘mediation’
 Do a web search for ‘elder law
mediation mn’
 Talk with your attorney
 http://mediate.com/articles/daniel
sG2.cfm
A Caregiver’s
Guide to Mediation
with the Elderly
Solving problems, saving
relationships, and
avoiding court
Video Links:
Interview with an Elder Mediator
http://www.youtube.com/watch?v=A
gcgSe8n37c
What is Elder Mediation?
http://www.youtube.com/watch?v=O
YtjMhot8ZY
A Brief Example of Elder Mediation
http://www.youtube.com/watch?v=y
FwLjUFaUQs
Provided by:
Content provided by Lindsay
Case and the Elder Law Practice
Group of the Legal Services
Clinic of the University of St.
Thomas. April 2, 2013.
For the most current version visit:
https://www.stthomas.edu/ipc/legal/elderlaw/links/
The Basics:
What is Mediation?
Mediation is a voluntary process that
brings family and friends together with the
elder to discuss their concerns in a neutral
setting. The mediator is a specially trained
third party who helps people communicate
with each other more effectively.
Mediation removes the winning and losing
mindset of court and refocuses on people’s
concerns and how to satisfy them.
Mediation’s goal is to have the parties
create a long-term solution that everyone
agrees with. The mediator will not make
decisions for you or the elder.
Why Choose Mediation instead of
Court?
Court is often a slow process that requires
parties to conform to the court’s schedule
and rules. Many people have negative
experiences in court because of the time,
cost, and complexity of the process.
Mediators are better able to work around
your schedule, and the overall process can
be less stressful. With mediation, you can
resolve your conflict sooner and maintain
control over the result.
Mediation is also a great way to preserve
relationships. If you are considering
seeking guardianship over someone, that
person is clearly important to you.
Mediation is a private process with the
goal of solving problems and guiding
parties to solutions. Mediation can
accommodate more than two ‘sides’ to the
issue, so other friends and family can
participate or provide support.
Is Mediation Right for You?
Many family disagreements are not best
handled by a court. Consider how you
would frame the issues you would like to
discuss and who will attend the mediation.
Mediation works with two individuals with
one disagreement or an entire family with
multiple disagreements.
It’s best to talk with a mediator to
determine if your situation is right for
mediation. You should not consider a
mediator as a substitute for legal
representation. If your conflict is legal in
nature, you should strongly consider
bringing an attorney to the mediation.
Tell the mediator right away if:
 You have any concerns about health
or safety
 The elder has trouble communicating
physically or cognitively
 The elder is more alert at certain
times of the day
How to Find a Mediator
Mediators are just like other people - every
one is different. Some mediators practice
alone and others work in teams. There are
private
mediators
and
community
organizations that offer mediation services.
Community organizations often cost less
than private mediators, but private
mediators may have more specialized
knowledge of your issues. If your conflict
involves a specific area of law, you should
ask mediators about their relevant training
before choosing the best mediator for your
situation.
Getting Started!
1. Contact a mediator or
mediation service
2. Talk with the mediator about
the issues in conflict.
3. Ask what kind of experience
they have and what you can
expect from them.
4. If you’re comfortable, move
forward with scheduling
mediation.