Mediators Have Tools
Mediators have tools. And like a carpenter’s toolbox, mediators try to be sure to use the right tool at the right time and under the right circumstances. When a family is just starting to mediate a complicated family issue for the first time, a mediator tries to build trust and a sense of safety for everyone regardless of how far apart family members may be on everything from describing the problem to agreeing on who has the right to speak and when...
In mediation, patience and persistence pay off
In a recent mediation between a citizen and an NYPD officer, the complaint centered around the officer telling the citizen first to sit down and then ordering him out of the precinct house, at the same time putting his hand to the citizen’s back and pushing him towards the exit. The citizen complained that the officer and the other members of the force on duty at the time showed him no respect and were physically menacing considering his own slim build and their armed presence, with guns and tasers.
What is Presumptive Mediation?
New York recently began a program of presumptive mediation in most if not all of the courts in the state. But what is presumptive mediation and how does it work? Presumptive mediation is now the dispute resolution method of choice in the courts that use this tool.
What is Elder Mediation? and why is it special?
As we age we need to make decisions about so many things we used to take for granted.
Whether we've noticed a change in our comfort level driving long distances or in unfamiliar places, changes in our physical strength and endurance,
Overconfidence can Sabotage a Good Settlement Offer.
In a study of more than 2000 actual cases in California in 2008 even the most experienced litigators frequently rejected settlement offers that turned out to have been better than the results they ultimately obtained at trial!
What is Your Conflict Style?
Are you highly assertive and a take charge type of person when it comes to dealing with conflicts? Or do you tend to avoid conflicts at all costs? Do you defer to other’s needs and try to accommodate other’s interests at the price of advocating for your own needs?
A Million Ways that Change Triggers Conflict
Current or anticipated changes in the life of a family elder can trigger all sorts of conflicts in the family.
Changes such as the death of a spouse, the elder’s declining health and the health and safety concerns that may raise, plus issues around independence, self-determination, and safety of the elder and others are classic triggering events.
Conflict Resolution for Elders at the New York City Bar Association
Presented a basic intro to mediation for elders to the Committee on Legal Problems of the Aging. Definitions, techniques, important issues relevant to problem-solving for elders.
Conflict Resolution and Capacity
An elder's capacity to contribute to the process is often an issue of great concern when trying to resolve any dispute affecting or involving the elder. While "capacity" has a very specific legal meaning when it comes to entering into an enforceable agreement or testifying in court, capacity to participate in a conversation holds to a much more practical standard.