Methodologies for Elder Mediation

Ad

Ad

Ad

Ad

Ad

Ad

Ad

Ad

Ad

Ad

Ad

Ad

Methodologies in Elder Mediation
Presentation to CLE BC Elder Mediation Course
Wednesday, May 16, 2012
...

What is Mediation?

• “ The process by which the participants
together with the assistance of a neutral
person or pers...

Core features of any mediation:

• A process or a method;
• In which the relevant parties and/or their representatives;
• ...

Variable Features of Any Mediation

• The degree to which it is entered into
consensually or is mandated by the
legisl...

Variable Features of Any Mediation, cont.

The extent and nature of the mediator's
interventions;
The mediator's res...

Variable Features of Any Mediation, cont.

• The degree of confidentiality of the process;
• The extent and nature of the ...

What is Elder Mediation?

• the mediation of disputes that arise in the context of
aging;
• One or more of the parties w...

What is Guardianship Mediation?

• the use of mediation in guardianship
proceedings to resolve disputes related to the
...

Unique Components of Elder and
Guardianship Mediation:
• Issues at hand
• Specific ethical challenges, including whether
...

Models of Mediation

• generally thought to be four overlapping,
though different, models of mediation:
– Settlement...

Settlement Model of Mediation
• intended to encourage incremental bargaining towards a
position of compromise;
• mediato...

Facilitative Model of Mediation
• process is intended to focus on the parties' underlying needs
and interests;
• functio...

Therapeutic/Transformational Model of
Mediation
• intended to deal with underlying causes of the parties'
problem as a b...

Evaluative Model of Mediation
• an expectation from the parties that the mediator will use
expertise and experience to d...

• recent commentary has pointed out that
most mediators draw on a number of
different models and are not restricted to...

Recommended Models for Elder and
Guardianship Mediation
• The Report, in its recommendations for any court-
connected gu...

Why Pre-Mediation Meetings?
• help to ensure that the voice of the older
adult is included in the mediation;
• enable th...

Why Pre-Mediation Meetings, cont.:
• provide the mediator with the opportunity to
explain the process to the parties, in...

Why Pre-Mediation Meetings, cont.:
• provide the mediator with the opportunity to
identify potential non-party participa...

Co-mediation

• where two or more parties act as mediators;
• provides the opportunity to achieve a
representational 'ba...

Benefits of Co-Mediation

• allows the co-mediators to model good
communication and negotiation skills
between themsel...

Benefits of Co-Mediation, cont.

• provides an apprenticeship system for new
mediators;
• provides each co-mediator with...

Disadvantages of Co-Mediation

• There can develop a good/bad cop routine
between the co-mediators;
• Successful co-medi...

Disadvantages of Co-Mediation, cont.

• Co-mediation might take longer and be more
expensive for the parties;
• There no...

Multi- Party Mediation Methodology

25

Multi- Party Mediation Methodology

• Lawrence E. Susskind and Jeffrey L.
Cruikshank in Breaking Robert’s Rules set out
...

Consensus building: A five-step process

1. Convene the group
2. Assign Roles & Responsibilities
3. Facilitate Group...

1. Convene the group
• Initiate discussion
• assess the issue(s) to be addressed
• identify appropriate parties at the tab...

2. Assign Roles & Responsibilities
• Specify who will take responsibility for convening,
facilitating, recording, mediat...

3. Facilitate Group Problem Solving
• Strive for transparency
• Seek expert input where appropriate
• See to maximize join...

4. Reaching Agreement
• Seek unanimity on a written list of
commitments
• Use contingent commitments, if appropriate
• A...

4. Reaching Agreement, cont.
• Ask those who object to suggest
improvements that would make the package
acceptable to ...

5. Holding Parties to Their Commitments
• Seek ratification by checking back with all relevant
constituencies
• Ask all ...

Being a Good Facilitator:
• Assessing, with the participants, the situation
and determining whether CBA is appropriate
•...

Being a Good Facilitator, cont.
• Training the participants in negotiation and
consensus-building skills (if they reques...

Being a Good Facilitator, cont.
• Enforcing the ground rules agreed upon by the
participants, including confronting any ...

Being a Good Facilitator, cont.
• Preparing a written draft (“single text”) containing
the final solution and sounding o...

Thank you!

Nicole Garton-Jones, B.A., LL.B/J.D., FMC Cert. CFM
Heritage Law

Tel: 778-786-06...

Share Slideshare

LinkedIn
Facebook
Twitter

Embed

Size (px)

Show related Slideshows at end

WordPress Shortcode

Link

Share
Email

Elder & Guardianship Mediation in BC by Nicole Garton 4730 views
Trends in Law Practice Management –... by Nicole Garton 2716 views
Linux Sucks by guest5a2c29 360 views
Mentoring: The Role for Social Media by markkurtz 296 views
3 Level Theory by wizardry_ua 355 views
Mediating with Technology.: Opportu... by Nicole Garton 506 views

View on Slideshare

1 of 38 Ad

View on Slideshare

1 of 38 Ad