Elder Mediation Services for Seniors Throughout Wisconsin.
Mediation helps parties identify their mutual interests and reach an agreement that benefits everyone involved. In addition to emphasizing the principles of this form of dispute resolution in all of our family law matters, we offer mediation services to represented parties.
Mediation is an incredible tool for resolving any conflict. Clients find it to be especially helpful in cases that involve debates over major life decisions, financial questions, and property issues between parties that hope to maintain a lasting, ongoing relationship. If adult siblings are arguing over the best care for Mom and Dad, or two older people want to separate their lives and assets while continuing to remain friends, mediation is an excellent choice.
Mediation is always very empowering for seniors, because the parties drive the final result through a series of friendly discussions outside the courtroom, rather than leaving their fate up to a judge.
Why Do I Need Elder Mediation in Wisconsin?
Seniors may face significant life transitions, and their adult children may be embroiled in painful and unrelenting conflicts. When parties are unwilling or unable to resolve a dispute, one good option is to turn to mediation. Our practitioner, Attorney Andrea Gage, who graduated from Marquette University’s Masters in Dispute Resolution program at the top of her class, will act as a neutral facilitator for your mediation.
Contact us for more information on how mediation can benefit your case.
What is Mediation?
Mediation is a form of alternative dispute resolution (ADR) that is intended to avoid the high cost and unpredictable outcome that could result from a lawsuit. It is an informal conflict-resolution process facilitated by a neutral third party called the mediator.
Mediation is an incredible tool for resolving any conflict. Clients find it especially helpful in cases involving debates over significant life decisions, financial questions, and property issues between parties that hope to maintain a lasting, ongoing relationship. Mediation is an excellent choice if adult siblings are arguing over the best care for Mom and Dad, or two older people want to separate their lives and assets while continuing to remain friends.
If there are older adults involved, elder mediation can assist older people and their families in having difficult conversations, making plans for the future, and resolving differences in ways that protect and improve relationships. It helps families make decisions considering their interests, rights, and safety.
How Can Elder Mediation Help Resolve My Family Conflicts?
Mediation helps parties identify their mutual interests and reach an agreement that benefits everyone involved. Since there is not a winner and a loser, mediation can be particularly valuable in addressing a conflict between family members who hope to get past the disagreement and maintain a relationship.
Mediation is beneficial for people of all ages, but it can be particularly helpful in addressing issues involving elders. A mediator, who acts as a neutral third party, can help adult siblings see eye to eye on how to best support aging parents, or aid seniors who are separating as a result of marital difficulties.
PEACE OF MIND
Attorney Andrea Gage will help resolve your family conflicts professionally and peacefully
What is the Role of a Mediator?
The mediator’s purpose (neutral third party) is to find common ground between the two parties and elicit a final settlement between the parties involved. The mediator facilitates the resolution of the parties’ disputes by supervising the exchange of information and the bargaining process. A reliable mediation lawyer can help you determine the importance of a mediator in your particular situation.
Choosing the right mediator is essential. Different types of legal disputes call for different approaches. Mediators need to be skilled enough to employ the right approach, at the right time, on the right case. Most mediators have training in conflict resolution, although the extent of a mediator’s training and experience may vary considerably.
Unlike an arbitrator or judge, the mediator will not decide the case’s outcome. Because the mediator has no authority to impose a decision, nothing will be decided unless both parties agree to it. The role of the mediator is to help the disputants resolve the problem through a process that encourages each party to:
- identify the strengths and weaknesses of their case
- air legal disputes
- understand that accepting less than expected is the hallmark of a fair settlement
- agree on a satisfactory solution
Can Elder Mediation Prevent My Family From Having to Go to Court?
When a mediation is successful, the parties can reach an agreement and avoid the profound financial and emotional costs that come with a court proceeding.
What are the Advantages of Mediation?
The mediation process is generally more prompt, inexpensive, and procedurally simple than formal litigation. It allows the parties to focus on the underlying circumstances that contributed to the dispute rather than on narrow legal issues. Mediation cases enable the parties to discuss their problems, clear up misunderstandings, and find areas of agreement in a way that would never be possible in a lawsuit.
Successful mediation can lay the groundwork for collaborative, non-confrontational problem solving and preserve relationships that are important to you. A qualified mediation lawyer can explain the benefits of choosing mediation as a form of dispute resolution. Mediation has many significant advantages over traditional lawsuits, including:
Confidentiality
Unlike public court cases, mediation is typically confidential. The evidence, records, or transcripts introduced during mediation cannot be revealed or used later. All parties involved in the mediation process must sign a confidentiality agreement that assures the discussions in mediation will not be disclosed outside of the mediation process.
Direct Communication
In mediation, all parties involved are allowed to directly communicate rather than discuss the matters with another person, which can allow for a clearer understanding of the conflict and may result in a more effective resolution than what litigation tends to provide.
Quicker and Less Expensive
Litigation typically takes months or years. It is a lengthy and expensive process. In contrast, mediation only takes days or weeks (or, in very complex cases, possibly months). It lasts several sessions, and the only cost is the mediator’s fee.
Greater Flexibility and Control
Unlike in a lawsuit, mediation allows the parties to have a much greater say in negotiations and greater control over the outcome. The parties involved can decide when and where the mediation will take place, who will be present, how the mediation will be paid for, and how the mediator will interact with the parties.
Better Resolution
Parties generally report a better outcome due to mediation than they do from a lawsuit. In mediation, they can agree to things usually not permitted by the court. This allows the parties to determine their resolution process and typically allows for a case to be resolved uniquely, providing benefits for all the parties involved.
Less Formal
Mediation is an informal process that allows the parties to be more engaged than they would be in a court-driven process with abundant rules and procedures designed to separate the parties. Since the mediator deals directly with the parties, the mediator can focus the parties’ attention on their needs and interests rather than on their stated positions.
Preserves Relationships
Mediation can help preserve relationships, business and personal, that would likely be destroyed through years of litigation. It is not a win-or-lose process. Questions of which party is right or wrong are generally less important than the legal issue of how you can resolve the problem. Mediation can often save meaningful relationships because it is collaborative rather than adversarial.
Call Our Mediator Today!
Issues related to aging parents may vary depending on the circumstances. There are financial, legal, and medical decisions need to be made. These include but are not limited to caregiving, trusts, wills, health care, and housing choices. These issues are often avoided, disagreed upon, and ignored. Eventually, it may lead to fewer choices, financial loss, and emotional turmoil for the individual and family.
When communication is difficult, and critical decisions are put on hold, families may choose mediation to help them move forward. Early intervention is always best before the family is in crisis. When a critical family discussion is needed about a developing major life transition, our experienced mediation attorneys at Silver Divorce Wisconsin can help you turn to mediation and create the space for everyone to be heard. Our family law firm can help you resolve your dispute efficiently and cost-effectively.
If you are in dispute and think mediation would benefit you, schedule an initial consultation now to learn more about the mediation process.
