Mediation is an informal, confidential process held in a private setting.
A mediation is facilitated by a neutral third party (mediator) who guides disputants seeking common ground and better understanding of their individual interests and needs.
From this, they develop and agree on
a workable solution to their problem(s).
Mediation is different than other alternative dispute resolution processes in the following ways.
Negotiation involves opposing parties and a third party who IS NOT neutral.
Arbitration uses a neutral third party who actually makes the decision on how to resolve the conflict.
Litigation involves a judge who makes the final decisions. Litigation is far more time consuming, expensive and it is not as confidential as mediation.
According to Susan Butterwick, Esq, former Directing Attorney for The Center For Social Gerontology in Ann Arbor, Michigan, "in litigation and arbitration, there is usually a winner and a loser. However, mediation's goal is for the opposing parties to work toward a "win-win" solution."
Also, the solution is the disputants - a key factor. Understand that the mediator has no decision-making role in the mediation process.
Mediation may be voluntary or court ordered.
Butterwick adds, "if it is court ordered, the parties are ordered only to show up for the mediation and the rest of the process is voluntary."
In either case, mediation is confidential.
The mediation process has several advantages.
The main advantage is that the parties
retain control over the decision(s)
they choose to agree to.
Also, results are generally win-win
because outcomes fit the needs and interests of the opposing individuals.
Butterwick adds, "because the outcomes also reflect the party's choices and priorities, in turn, there is a higher level of compliance (80-85%) with the written agreement than there is with court judgments which, is much lower.
Confidentiality is a big plus for mediation.
At Alzheimer's & Family Care Management, the beauty of mediation is felt to be that individuals are validated and empowered by participating in the process of mediation.
Our deep commitment to this perspective is the springboard for Alzheimer Mediation For Dementia Conflict based in Scottsdale, Arizona, and for launching an international internet education forum for broadening public awareness about mediation. Watch this site for these service developments.
Honestly, the way one sees a deeply felt problem is deemed equally important as the other's view. The same is true for the options offered for resolving the problem.
For example, our sensitivity to family caregiving enhances the mediation process where effort focuses on assisting caregiver disputants with resolving their differences over the caregiving situation. Inherent is the hope of salvaging precious family ties which are now strained due to caregiving.
Anxiety in such situations can lessen as the opposing parties are treated with cultural sensitivity communicated in a compassionate, courteous and respectful manner.
An important plus is that the groundwork is laid for improving the overall relationship as the parties work out their differences with the guidance of a neutral third party.
Mediation can be conducted through conference telephoning as well as face-to-face.
Our most recent service is on-line dispute resolution. Webcam facilitation is growing in popularity. We use Skype, GoToMeeting and DimDim.
Experts claim that the increasing globalization of business makes on-line dispute resolution the effective choice when faced with conflict. This is equally true for family structures made even more complex from caregiving.
Family Conflict and Mediation
New York Times
Karen Rice, LNHA, Gerontologist, Mediator
Alzheimer's & Family Care Management
Alzheimer Mediation For Dementia Conflict
Forum: Mediation For Dementia Conflict
"Ask Karen", Carepathways.com
Forbes Picked Best on the Web
Subsequently, mediating effective solutions to the special problems that arise in family caregiver situations has been found significant and just cause for funding for the training of mediators in family caregiver issues.
The specialized training for mediators increases effectiveness with mediation service delivery because the mediator becomes culturally sensitive to caregiving issues.
In turn, the neutral mediator conveys a cultural sensitivity to each caregiver disputant allowing validation to penetrate the heart.
Family Caregiver Mediation is an outgrowth
of Adult Guardianship Mediation.
Each are special topic areas of Elder Mediation.
Family Caregiver Mediation as well as Adult Guardianship Mediation provide a forum for family members to sort through the emotional responses to diagnoses like Alzheimer's and to work together in planning for incapacity issues and related caregiving or guardianship needs in a cooperative manner.
Data from The Center for Social Gerontology confirms that the pressures and demands of long term caregiving can, and all too frequently do, result in two reactions by family caregivers:
The first reaction they report:
...family conflict gets worse over time
with the frail, elderly person
who needs long term care,
only being placed in the middle of the conflict.
The second reaction they report:
...court petitions are filed,
to place the elder under guardianship.
It is important to note that, usually, court petitions for guardianship are done in the false hope that the court-ordered intervention will enable decisions to be made for the elder which will solve what are,
in reality, family caregiver disputes.
Sometimes guardianship is even used
to place someone unnecessarily in a care facility. Here, the results for the elder are:
loss of home
loss of autonomy
loss of dignity.
Such results are worth very careful initial thought."
"Mediation for Dementia ConflictTM"
Click here for articles on Eldercare Mediation published in Mediate.com
Click here for articles published in The Senior Living Guide and Carepathways.com
Civic Center Healthcare Campus
3031 N Civic Center Plaza Ste. 257
Scottsdale, AZ 85251
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