A Guide to Mediation for the Developmentally Disabled

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Mediation is:
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Confidential
Voluntary
Flexible
Generates options
Preserves relationships
Solves problems
Common Issues for
Mediation:
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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.
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