Mediation

Mediation can be a useful tool in addressing dispute issues, particularly in family disagreements, where it may be important to preserve relationships and enable a peaceful resolution.

This can be particularly important in situations where family members or caregivers are in conflict over the care of the older person. However, mediation is usually avoided if there is an ongoing threat to the safety and wellbeing of the vulnerable older person. In cases of elder abuse, the situation is carefully evaluated before mediation is considered as an option.

Mediation is a process where a neutral third party, known as a mediator, helps individuals or groups in conflict to communicate and work towards a resolution that is acceptable to all parties involved. The mediation process identifies the underlying issues and concerns, and assists the parties to work together to create a plan that satisfies the broader needs of each party.

There are several benefits to using mediation where there is conflict regarding the care of an older person:

• Mediation is often less adversarial than going to court, or to a tribunal where a decision is imposed on the parties, and the process can be emotionally and financially costly.

• Mediation is a confidential process, which can help protect the privacy of the parties involved.

• The parties work together to develop a resolution and are therefore more likely to be satisfied with the outcome and to adhere to any agreements reached.

A drawback to relying on solutions arrived at in mediation is that the agreement is in ‘good faith’ and not legally binding. This means that it cannot be upheld by a court or tribunal, and the issues may resurface.