John M. Haynes, one of the founders of modern mediation practice, postulated basic tenets of mediation which are useful to recall when mediating a difficult case: The mediator is the manager of the participants’ negotiations. The participants control the content while the mediator controls the process of the mediation. However, the mediator should take a.. read more →
The Canadian Centre for Elder Law (“CCEL”) is a national, non-profit body dedicated to exploring the particular legal issues which affect older Canadians. The mandate of the CCEL includes research, law reform, and education relating to legal issues of interest to older adults. Today, the CCEL is recognized for its expertise in elder law issues.. read more →
As opposed to litigation, mediation is a voluntary process in which a neutral third party helps guide the parties in conflict toward an understanding of their dispute; control of family issues and emotions; compromise and resolution of that conflict; and, perhaps, toward a new way of relating to family members. While not typical in a.. read more →
A report recently released by the American College of Trial Lawyers Task Force on Discovery included a recommendation that courts should “raise the possibility” of pre-trial mediation and other ADR processes, and in some cases should order their use. The project was conceived because of increasing concerns that problems in the civil justice system have.. read more →
Elder mediation, like elder law, is defined by the client to be served. Elder mediation is the mediation of any dispute that involves elders, the disabled, their families or others in their lives. Elder disputes often possess traits that may make elder mediation a particularly attractive option for elders and their loved ones. For example,.. read more →
Founders of the Elder Mediation Center of New Jersey (EMCNJ) will present a program entitled “Elder Mediation: An Ethical Approach,” at the ABA’s Section of Dispute Resolution Spring Conference to be held in New York City on April 16th. A summary of the EMCNJ’s session follows: Elder Mediation: An Ethical Approach Elder mediation is designed.. read more →
The Elder Mediation Center of New Jersey invites you to explore the practice of Elder Mediation. This program is designed for professionals engaged in the field of aging,including geriatric care managers, social workers, discharge planners, case managers, attorneys and mediators. We will demonstrate how our unique method of Alternative Dispute Resolution is a valuable resource.. read more →
The ABA Section of Dispute Resolution Ethics Committee has created a national clearinghouse for mediator ethics opinions and decisions. The clearinghouse provides a searchable database with hundreds of opinions on mediator ethics. It includes public domain opinions from 43 states, thus providing the first place to consult for ethical guidance on the practice of mediation… read more →
A recent article on the MSNBC website entitled More Couples Seeking Kinder, Gentler Divorces reports on an interesting study which compares the costs involved in mediated, collaborative and litigated divorces. The study was prepared by the Boston Law Collaborative, a law firm in Boston where the staff includes a psychologist and a financial planner. It.. read more →
If you want to achieve optimal results in a mediation or other type of negotiation, you must be organized, know your case well and know as much as possible about your opponent’s case. The Negotiation Preparation Form below, adapted from a similar form in the excellent materials provided by Professor Charles B. Craver in his.. read more →
The Elder Mediation Center of New Jersey invites you to explore the practice of Elder Mediation. This program is designed for professionals engaged in the field of aging, including geriatric care managers, social workers, discharge planners, case managers, attorneys and mediators. We will demonstrate how our unique method of Alternative Dispute Resolution is a valuable.. read more →
We at the Elder Mediation Center are thinking of trying out a new banner, to accompany the new look at our Elder Mediation Center of New Jersey website. What do you think? Here’s our new creation: read more →
Best Careers 2009: Mediator Overview. If we can’t solve a conflict, we tend to give up or hire a lawyer. There can be a better way: A mediator can often help resolve a dispute less expensively and with less conflict, whether it’s a divorce, a discrimination claim, or the parent of a special-education student seeking.. read more →
In January 2006, the American Bar Association Section of Dispute Resolution formed a Task Force to investigate factors that define high quality mediation practice. Over the following two years, the Task Force organized a series of ten focus group discussions in nine cities across the United States and Canada. The Task Force also collected responses.. read more →
The Center for Social Gerontology has produced a annotated bibliography on elder mediation. The bibliography seeks to offer a comprehensive listing and brief description of the universe of existing materials – books, manuals, reports, articles and video/on-line information – on the development, provision and evaluation of elder mediation. The bibliography was conceived by a committee.. read more →
My colleague, Marcie Cooper, a geriatric care manager and co-founder of the Elder Mediation Center of New Jersey, recently published an article in the newsletter of the Aging Section, a specialty practice section of the National Association of Social Workers. The article, an excellent overview of the role of the social work case manager in.. read more →
On Saturday, November 15, 2008, members of the The Elder Mediation Center of New Jersey, an alliance of eldercare professionals of which I am a co-founder, presented a workshop on “Unique Perspectives in Elder Mediation – A Paradigm Shift” at the Annual Conference of the New Jersey Association of Professional Mediators in Somerset, NJ. The.. read more →
I’ve written on the subject of mediation preparation before, here and here. But the longer I think and read about the subject, the more I discover there is to say about it. So, I decided to revisit the subject. Last year, more than 98% of all lawsuits filed in New Jersey settled prior to trial. The.. read more →
You are invited to explore the legal, financial and psychological issues involved in divorce in comprehensive seminars led by an interdisciplinary team of attorneys, financial experts, child specialists and mental health professionals. There are separate seminars offered for men and women. In each seminar, team members will discuss the pros and cons of the various.. read more →
My article on Elder Mediation was published on October 20, 2008 in the Focus Section of the New Jersey Lawyer newspaper which covered current issues in Estate and Elder Law. As stated in the article, Elder Mediation provides a forum for family decision-making designed to achieve the following goals: • To hear the concerns of.. read more →
Technorati, the internet search engine that indexes and searches blogs, also analyzes the trends and themes of blogging. In its State of the Blogosphere 2008 annual report, Technorati reported that it indexed 133 million blogs since 2004, and has tracked blogs in 81 languages. Technorati concludes that this global phenomenon accounts for close to one.. read more →
People who carefully prepare for mediation usually achieve better results than those who do not. This may seem obvious, but it is a fact that most lawyers and clients enter mediations unprepared or only partially prepared. Knowledge equals power in the mediation arena, as in most pursuits, and thoroughly prepared participants tend to overwhelm less.. read more →
Aging Well magazine, which is for “Professionals Promoting Positive Aging,” recently published an article I wrote on elder mediation, entitled “Keeping Family Peace Through Elder Mediation.” The article can be found here – “Keeping Family Peace Through Elder Mediation.” read more →
Trials, as a method of dispute resolution, have been trending downward for years. For example, the number of tort trials in the federal courts declined by 80% from 1985 to 2003. Of the 98,786 tort cases resolved in federal court in 2002 and 2003, only 1,647, or 1.7%, were decided by trial. The other 98.3%.. read more →
Nina Weiss, Esq., an attorney/mediator and partner with the law firm of Serra/Weiss in Princeton, NJ, is a founding member of the Elder Mediation Center of New Jersey (EMCNJ). Mediator Weiss was quoted in the March 2, 2008 edition of The Wall Street Journal in an article describing the growing recognition and use of elder.. read more →
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