Mediation is: Confidential Voluntary Flexible Generates options Preserves relationships Solves problems Common Issues for Mediation: Where you live/moving out Who you live with Driving/transportation Working Staying social Dating/Marriage Disagreements about friends Alcohol/Drug use Disputes with roommates or rep payees Access to money Keeping in touch – calling and visiting Getting to appointments Overly controlling parents/guardians Choosing a health care agent or power of attorney Medical care decisions Family roles and responsibilities Making your own decisions Guardianship/conservatorship concerns Resources: For more Information: aarp.org – search ‘mediation’ Do a web search for ‘mediation mn’ Talk with your attorney http://mediate.com/articles/daniels G2.cfm A Guide to Mediation for the Developmentally Disabled Solving problems, saving relationships, and avoiding court Video Links: Interview with a Mediator http://www.youtube.com/watch?v=Ag cgSe8n37c What is Mediation? http://www.youtube.com/watch?v=OY tjMhot8ZY How Mediation Works To Solve Family Conflict http://www.youtube.com/watch?v=yF wLjUFaUQs 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 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 tell you what to do. Why Choose Mediation instead of Court? Court is often a slow process with a strict schedule and rules. Many people don’t like court because of the time, cost, and difficulty of the process. Mediators are better able to work around your schedule, and the process can be less stressful. With mediation, you can resolve your conflict sooner and control the result. Mediation is also a great way to save relationships with concerned friends and family. Mediation is a private process with the goal of solving problems and guiding parties to solutions. Mediation can work with more than two ‘sides’ to the issue, so other friends and family can participate or provide support. Is Mediation Right for You? Many personal and family disagreements are not best handled by a court. Think about how you would describe the problems you want to discuss and who would attend the mediation. Mediation works with two people with one disagreement or an entire family with multiple disagreements. It’s best to talk with a mediator to determine if your problem is right for mediation. You should not think of a mediator as a substitute for legal help. If your problem 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 You have trouble communicating physically or cognitively You feel 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 related training before choosing the best mediator for your problem. 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.