Elder Law Issues

Currently, family roles are changing due to several different reasons. Parents are generally living longer and additional medical issues are forthcoming with aging parents. Therefore, parents are either moving in with their children or provide financial assistance for medical care in a nursing home. According to Lankford (2011), “Seniors are struggling to cope with rising medical and long-term care expenses just as their investment portfolios and home values are shrinking, and their middle-age children sometimes need to pitch in.” Moreover, college graduates, recently divorced, or unemployed adult children are relocating to their family home for financial reasons. This generates added

Fells (2016, p. 211) wrote “ just as a doctor works to bring a person back to health, so too a mediator works to bring a deadlocked negotiation back to a situation where the parties can reach agreement”. This essay discusses this statement with reference to contemporary research on dispute resolution. In order to comprehend how this is achieved, we must consider the essence of mediation, the different types of mediation and what mediators do. Negotiation and mediation are process used to resolve opposing preferences between parties. Negotiation is defined in Fells (2016, p. 3) as “a process by which two parties with differences that they need to resolve try to reach agreement through

Family Dispute Resolution Practitioners are especially trained to resolve property settlements and parenting orders. In this setting mediation gives both parents an opportunity for input in the best interest of their child/children and the decision is not made by the Judge who can only assess the situation by the documentation he/she has. At the end of the day, what really matters is that the child’s needs are being met to ensure that the child is given an opportunity to live a somewhat normal

As our relatives age, we will be faced with difficult decisions that need to be made on their behalf. For example, nursing home care may become necessary, or a relative may need a guardian appointed. Many relatives serve as power of attorney for their elderly loved ones as well. Discussing these issues may become emotional, particularly if your loved one does not agree with your positions. Elder mediation in New London, Connecticut allows families to discuss and resolve these issues in a peaceful manner. Elder mediation in New London, Connecticut has been successful in helping

Older adults are the ones that tend to be most forgotten by being pushed away into a nursing home, where their families seldom visit, or tend to be overlooked and bypassed. A majority of American’s assume that just because a person is much older, means that they do not have the same problems as the younger generations, however, that is false. Older people can have the same problems has everyone else, they can have depression, they can have a sex drive, and have an increase chance of being mistreated and abused. When discussing elder mistreatment, people are sometimes taken back that elders can in fact be mistreated. Senior citizens have a great change of being abused because of the type of care-giver they have, the health issues that have put

In the matter of family law, typically one judge presides over the case rather than a judge and jury. In some cases, mediation can be used in family court proceedings, especially when it comes to child

Mediation is a very potent option that is considerable in organizations which is utilized for disputes. Essentially, the process is very private, relaxed in setting,unpretentious, and optional. In general, a neutral mediator facilitates communication between those in dispute to assist them in developing mutually acceptable agreements to improve their future working relationship (“Mediation of Workplace”, n.d.). Mediation can be effective in both union and non-union settings and at all levels of the organization (“Mediation of Workplace”, n.d.).

Age Discrimination. Most of the elderlies shared that they have lost their job or cannot find work because of their age-related limitations. As a result, they tend to experience financial difficulty which can significantly impact their overall well-being specifically the inability to sustain their basic needs like food, home and medicine and inclination to the development of mental health concerns. Elderlies who

An increase in awareness of the needs of an aging population was authorize by the legislation and the act; section 371 was amended from its original declaration in 1965 (AOA.gov). The act granted assistance to caregivers (those who care for aging individuals, identified as 70 years of age or older) through funding that would support aged love ones and help them to remain in their homes as long as possible (AOA.gov). Through research, the National Family Caregiver Support Program (NFCSP) suggests caregiver’s experience a physical, emotional and financial toll while caring for the elderly.

The purpose of mediation is to assist the participants in dispute reach a mutual agreement with the help of neutral third parties by creating a path for open communication. In order to be effective, the mediators must be able to establish a trusting relationship with the participants. This type of alternative dispute resolution has become very popular in the United States, so much so that California requires mediation in family custody battles. Helping couples reach an agreement regarding child custody is extremely important work, as it is at these meetings that decisions are made regarding where the children will live, how the parents will split time with the children, and who will have legal custody of the children – that is, who will decide what school the children attend, what religion the children will observe, what healthcare plans will be made for the children, and what cultural education and extracurricular activities the children will be involved in.

Financially speaking, vulnerability roots from inability or reduced capability to work and provide resources for themselves. Among the life stages, the elderly is one age group that belongs to the high risk groups to suffer financial helplessness and end up into poverty (Burkhauser and Duncan, 1987). The most significant factors that affect the financial state of the elderly are retirement and widowhood. The aforementioned factors are often unavoidable, thus, financial security is a big issue for the elderly.

The child has acquired high medical bills due to an emergency or illness. If health insurance does not provide adequate coverage, the burden of the expense may need extra financial support from the non-custodial parent.

In many interstate custody disputes, issues arise after a visitation plan has been finalized. If the parents cannot agree on such issues, the parents may be forced to seek relief through the family courts. However, a family law mediator will advise the parents as to which issues may come up in the future so that they may be settled during mediation, saving the parents a significant headache months or years into the future.

In the human services field there is a combination of areas that require mediation and advocacy. Human services consist of and utilize a number of disciplines. Mediation is usually defined as a process in which an impartial third party helps parties resolve a dispute or plan a transaction by assisting their negotiations. Approaches, however, can vary considerably. Many mediators tend to use the same approach regardless of the situations of the parties. But others are flexible and do whatever will work. Each approach has potential advantages and disadvantages. Advocacy is helping or assisting those within a special population

Throughout the years there has been many definitions of mediation. Nevertheless one the most acceptable definition of mediation refers to this procedure as a “…process in which the participants, with the support of a mediator, identify issues, develop options, consider alternatives and make decisions about future actions…” . They also described mediators as the third party assisting the participants in reaching their decision. This process should form a part of the pre-trial civil litigation process as its advantages on the legal system and the community outweigh its disadvantages. The distinguishing models of mediation make it a suitable approach for all or most civil cases.