Impartiality is central to the mediator’s role in helping parties make informed decisions about their rights and interests in any type of dispute. I also view it essential when mediating any type of conflict for the mediator to establish rules and procedures, promote of effective communication, proffer varying options and alternatives for resolution of issues, and disseminate of legal, financial and tax information.

When mediating eldercare issues, the role of the mediator must also include protection of the elder’s right to self-determination. The mediator must of course extend this protection to all family members, but due to the diminished decisional capacity common to aging, assessment of the ability of an elder to understand and express his- or herself is essential to the mediator’s role. It is for this reason that eldercare mediators must from the very beginning of the mediation process screen for the capacity of an elder to make informed decisions. It is also for this reason that eldercare mediators must guard against presuming that an elder lacks capacity. On the contrary, when an elder’s capacity is questionable the mediator should encourage the participation of a support person such as a trusted family member or friend, or an attorney or medical professional, to assist everyone in assessing the elder’s capacity to make informed decisions and, when appropriate, actually help make decisions.

With their experience in law and psychology, and certification in Situational™ mediation, the mediators at Out-of-Court Solutions® are uniquely qualified to help safeguard the elder’s right to self-determination, while also ensuring that all family members make fully informed decisions about all of the emotional, financial and legal issues involved in their situation.

© 2010 Oliver Ross, Out-of-Court Solutions, Inc.