Family ... Family Care - Legal
A little known option in resolving nursing home and care giving disputes
by Deborah Wallace, Accordo Mediation
The graying of America has altered the definition of ‘home” for many of our elderly loved ones. Most adult children with elderly parents rely on some type of supportive care to subsidize their private care giving. With the increase in our population of elders, the flaws in the care of elders become ever more apparent leading to more complaints about care, billing, short staffing, administration and other problems. In addition, distance care giving provides fertile ground for family disputes as our aging parents’ transition from independence to dependence.
There is a legal out-of-court settlement process that most people don't know about. Most nursing home complaints and care giving disputes can be resolved without a lawyer or going to court.
Mediation is used increasingly to resolve care-giving disputes, whether in the community or in nursing facilities, with home or home health care disputes, or within families. Commonly referred to as elder or generational mediation, mediation can be arranged quickly, is confidential, does not require attorneys and costs very little in comparison to litigation. Mediation can include as many interested parties as necessary, unlike court hearings where generally only two sides can participate. Mediation encourages all parties, even the elder, to have a voice which is empowering and can mend relationships rather than create further division.
The parties involved make their own decision as to how the situation will turn out. It differs from arbitration where a judge or arbitrator hears evidence, takes witness testimony, and rules on the matter in dispute. The parties in arbitration relinquish control of the outcome of the dispute when they put it in the arbitrator’s hands. By contrast, mediation allows the parties themselves to determine how a conflict will end or whether it will end. The mediator guides the discussion, gives objective feedback, prevents the conflict from escalating, keeps order, and encourages each side to consider alternatives to the ongoing dispute.
Mediation by design puts you in control as opposed to the courts where both plaintiff and defendant hire lawyers to represent them and a judge makes a decision. The mediator arranges a formal meeting with you and any and all other parties to discuss the issues in a neutral environment. The mediator facilitates open communication ensuring everyone has the opportunity to talk and explain their position leading the parties from disagreement toward resolution by exploring options to resolve their differences. When both parties have agreed upon a mutual resolution, the settlement becomes legal. The settlement is enforceable in Court should either party not keep the agreement. Most complaints and disputes can be resolved in one or two days without the high cost of traditional court.