By: Great Lakes Legal-Mediation Division Elder Mediation By: Great Lakes Legal-Mediation Division 12121 Hemingway Redford, MI 48239 313-937-8282

Neighborhood Legal Services Michigan: Who We Are Neighborhood Legal Services Michigan: Elder Law and Advocacy Center (ELAC) Great Lakes Legal- Mediation Division: Elder Law and Advocacy Center (ELAC): Provides free legal services and extensive education on general civil and elder law issues to adults 60 years of age and older who live in Wayne County ELAC also provides services to caregivers and Elder abuse education and prevention in Wayne, Livingston and Monroe Counties Great Lakes Legal- Mediation Division: In October 2015, GLL-ELD was awarded a grant to implement an elder mediation center preventing elder abuse. A reduced fee program Helping families and others navigate through a variety of difficult communication issues

Overview Mediation overview Elder Mediation Mediation Scenario Mediation Process Right to Self-Determination Mediator Role Elder abuse and the Link to Elder Mediation Mediation on the Rise/Mediation settles cases Pros to Mediation Best Time to mediate Issues Where Elder Mediation Can Work Mediation Results Questions

What is Elder Mediation? Elder mediation is an advanced mediation area that helps protect a seniors’ right to self- determination by resolving conflict between the older adult, their family, their caregivers, their care team, etc. when communication becomes difficult.

Elder Mediation It is the rational first step for families to help them address their changing needs. Empowers seniors to investigate solutions, resolve conflict, and educate the community that early intervention is the strongest way to avoid elder abuse.

Mediation scenario Our father had an accident Our family struggled to determine what the best course of action should be relative to care. One sibling wanted complete control & another thought returning him home was satisfactory. Then it was time for him to come home… There were so many questions centered around how we would take care of him until he fully recovered.

THE MEDIATION PROCESS Interview Agreement to Mediate Sit down to a “family meeting” Discuss the issues Meeting facilitated by a mediator Write up the resolutions Sign and date

Right to Self Determination Every individual has a right to make choices about: His or her life and future Medical care and treatment Mental health care and treatment Money management Daily decisions, such as what clothes to wear of what he or she is doing with their day

Right to Self Determination During the Mediation Process In the Mediation Process: You make your own no pressured decisions. A mediator conducts a quality process in accordance with standards. A mediator shall continuously assess.

Mediator Role A mediator shall conduct mediation in an impartial manner. A mediator should be qualified and should disclose his/her qualifications. As soon as is practicable a mediator will take appropriate action if mediation can not be handled competently.

Elder Abuse Prevalence Nearly 6 million cases of elder abuse were reported in 2012 100,000 cases were reported in Michigan Abuse of vulnerable adults is one of the fastest growing crimes in Michigan. A National Institute of Justice study found that 11% of elder adults reported they had been abused, neglected or exploited. Adults 60+ yrs. comprise 15% of the population & account for nearly 30% of fraud victims- By 2050, over 20% of Americans will be over age 65. 66% of perpetrators are family members Approximately 1 in 10 Americans aged 60+ have experienced some form of elder abuse. ®

The link between Elder Mediation and Elder Abuse Used early, mediation is a preventative measure when it comes to Elder Abuse . Participants become more educated as to what constitutes neglect and abuse. Mediation is found to help identify potential physical and psychological abuse that may arise. national and international studies have shown that

Why Is the Need for Elder Mediation On The Rise? People are living longer Economics of Michigan Adult children have moved away Aging population / disputes among family members

Mediation Settles Cases Nearly 70% of all cases sent to mediation result in settlements that day! Many cases that don’t settle that day – settle shortly afterwards! Mediation brings over 90% satisfaction with the process even if the case is not resolved at mediation. (Kent county 2008 Statistics for general civil and divorce mediations) ( Kent County (Grand Rapids) Survey of Mediation Participants, 2008)

Pros to Mediation Participants are best able to devise settlement. Mediation focuses on the person. Mediation helps all participants assess risks. Parties are not forced to settle. Mediation can preserve or restore relationships. Mediation saves money!

When Is The Best Time To Mediate? As early as possible Early mediation is good when trying to avoid elder abuse

Issues Where Elder Mediation Can Work Guardianship / Conservatorship Alternatives to Guardianships Addresses specific views of older adults and caregivers; Estate, trust, and probate matters; Consumer issues. Bill-paying, landlord- tenant, contract, insurance issues; Facilitating communication older adult at the center; Decision making including end of life issues; Health/medical care decisions; Financial decisions; Living arrangements. Where? With whom? Who decides?; Personal, household care and maintenance; Safety/risk taking/autonomy; Family relationship issues (new or long- standing).

Mediation Results

Thank You! Questions: Antonia B. Harbin-Lamb, MBA, JD Program Manager GLL-Mediation Division 12121 Hemingway Redford, MI 48239 313-937-8282 aharbin@wcnls.org