A variety of conflicts involving elderly persons call for rapid and effective resolution, which is one of the principal benefits of ADR, especially mediation.
This course will provide lawyers with the tools they need, whether representing an elderly person, or one or more members of the elder’s family, or a client who is in a dispute involving an elderly person:
to decide whether and when it is likely to be appropriate and helpful to use mediation or another type of ADR to resolve disputes in which that elderly person is involved,
to represent a client effectively in preparation for and during an ADR process to resolve such a dispute, and
to educate the family members of an elderly person about the conflict resolution options available to support them in maintaining positive relationships with their elderly relative.
Disputes involving the elderly arise in a variety of situations: estate planning and administration, addressing an elderly persons changing needs or the care they are receiving (whether in a private or institutional setting), deciding on the appointment of a guardian, managing conflicts between elderly people, agreeing on and (of course) resolving intra-family conflicts.
In any of these situations, questions may arise about the ability of the elderly person to participate meaningfully in the ADR process due to his or her diminished mental capacity, and how to compensate for this condition. Sometimes, abuse of the elderly person is a factor, and almost always there are multiple parties to the conflict. Addressing these challenges, in addition to those that typically arise in any mediation, calls for experienced and specially trained ADR practitioners.