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Published byEmery Benson Modified over 8 years ago
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Integrating Mediation Techniques with Formal Tribunal Processes to Advance the Protection and Welfare of Elderly Persons Pam Goodman Julie Ford
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QCAT established 2009 We do everything
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Elderly person with no capacity for decision making Guardians Administrators Enduring Powers of Attorney
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Challenges Need to comply with legislation, procedural fairness, enforceable order Open hearings Keeping parties on track More scope for individualism
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Our goal To make legally correct and sensible decisions in an environment which encourages parties to be active participants in resolving disputes and to take ownership of outcomes
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How we do it Actively manage hearings Feels like a mediation Tailor made dispute resolution
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Challenges Natural justice, procedural fairness, formal requirements Public process Need for consistency
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Case study 1 Elderly man with younger wife Applications lodged for appointment of guardian and administrator Enduring Power of Attorney in place
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Case study 1 cont. Short term order made Final hearing resolved issues
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Case Study 2 Large family with complicated dynamics Elderly mother interstate and no contact Applications lodged at QCAT and in interstate Tribunal
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Case study 2 Mediation skills used Applications must be heard, not simply processed
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It is our goal to tread lightly on the lives of families whose loved ones have impaired capacity and for our processes to support rather than damage supportive relationships
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