The types of dispute suitable for mediation are vast, however the most common disputes concern the following:
• Money judgements
• Moving into long term care
• Where the donor should live
• Appointing/challenging LPA or deputyships
• Social care decisions
• Deciding caregiver responsibilities in families
• Conflict with care providers
• Providing accommodation for the Elder
• Buying and selling properties
• Distribution of assets
• Disputes between local authority, healthcare providers and family members
• Disputes within proceedings
• Treatment decisions
• Will creation/statutory will
The above list is not meant to be all inclusive. There will be other cases where the softer and more conciliatory approach of mediation will make mediation appropriate.
There will also be cases where in mediation will not be appropriate and the most obvious situation is where there has been abuse. However, even in abuse cases mediation should not be dismissed. Part of the mediation process enables the allegations of a abuse to be discussed in a confidential and convivial environment. This allows the emotional elements to be discussed openly and then, most importantly, one can consider how to get to a situation where the parties can get back to the most essential element of the claim - the best interests of the elder. In private, in a gentle environment, and behind the confidentiality of the process, this can be achieved.