Mediations can cover issues regarding medical, physical, cognitive, emotional and financial concerns.
All mediations are completely confidential; therefore the names and specific details are fictitious.
The following are descriptions of resolved cases:
Three adult siblings felt differently about the care their elderly, widowed mother, who suffers with severe depression needed. The oldest sister, Susan, who lived out of town and felt particularly disconnected in regard to her care, called for mediation amongst the three siblings as she feared having their mother return to her home after her latest stay in the hospital. The mediation enabled the siblings to have an honest discussion about their various concerns which they weren’t able to do on their own. In conjunction with the advice of her doctors, which was considered at the mediation, a compromise was reached and a plan of action implemented. Bob, the son, was always willing to do whatever his mother or sisters asked, but rarely expressed an opinion on how he thought their mother’s future should look. Although, the youngest daughter, Robin, who was generally responsible for dealing with their mother’s doctors, was resistant to selling Mom’s house and finding alternative living for her, during the mediation she was able to hear the true feelings of her family members, including their mother who was mostly afraid of being alone, doctors and a financial advisor, who convinced her that placing Mom in an assisted living facility would be their best plan of action.
Michelle began to notice that her mother was getting rather forgetful and worried about her mother cooking, bathing and in general. She brought her concerns to her brother, Mark, who lived with the mother, but was rarely home as he was going through a divorce and worked many hours. He denied there was a problem, but Michelle felt he was afraid of losing his free living situation and knew that moving their mother to a care facility would be costly and mean selling her house. Michelle tried talking to their mother about the situation and found that Mark had begun alienating Michelle from the mother. Michelle called for mediation, and although Mark was hesitant he knew he couldn’t afford attorneys either. At mediation the family agreed to sell Mom’s house and get a smaller home so Mark could remain there, but would leave money for a geriatric care giver to come in daily to see to Mom’s needs.
Morris’ adult children live in New York. Morris lives with his second wife, Estelle, in Florida. On their last visit the children noticed Morris’ health was failing and questioned Estelle as to why they weren’t told. Estelle had already begun making plans to place Morris in an assisted living facility. The children felt that Estelle should take care of Morris at home. Estelle felt Morris’ care was more than she could handle and that his children were only concerned about their future inheritance. Morris’ son called for mediation, which included all the parties, as well as doctor’s analysis of Morris’ health. Estelle resisted, but when threatened with the prospect of attorney fees, she participated in the mediation. After everyone’s concerns were aired, the children realized that Estelle’s intentions were to get their father the best care possible. Estelle agreed to communicate more with the children in regard to their father’s condition.
In all of these cases an unnecessary guardianship litigation was avoided.