The Center for Social Gerontology
2307
Shelby Avenue, Ann Arbor, MI 48103 tel: 734 665-1126 fax: 734 665-2071
tcsg@tcsg.org
ELDER
MEDIATION
The Center for Social Gerontology,
Inc. (TCSG), since its inception in 1972, has been a non-profit research
training and social policy organization dedicated to promoting the individual
autonomy of older persons and advancing their well-being in society.
TCSG in the early 1990s pioneered in
utilizing mediation in situations in which family members or friends had
already petitioned for guardianship of an for older person. TCSG's goal was to
determine if mediation might provide an alternative means of addressing the
issues which were prompting the guardianship petition, particularly whether an
alternative might be available which would address the issues without taking
away the rights of the older person to make all or most of their own decisions
about their life. TCSG pilot tested the use of mediation in guardianship cases
in Ann Arbor, Michigan and then expanded this approach to a number of other
sites. The result was the development of TCSG's adult guardianship mediation
program which has
now been used to train hundreds of mediators across the country.
In the mid 1990s, TCSG expanded its
guardianship mediation initiatives to also include pre-petition cases, and,
early in this decade, further expanded to include elder/family caregiver cases
involving difficult and stressful decisions, discussions and disputes. Now, in
the middle of this decade, TCSG is also examining other uses of mediation,
facilitation and related elder services in cases uniquely affecting older
persons.
This web site on Mediation &
Aging was created to
provide information and materials on the uses of mediation with older persons,
particularly in situations in which guardianship or caregiver assistance is
involved. Among the materials are TCSG's highly praised Adult Guardianship
Mediation Manual, as well as training videos.
Alaska’s Adult
Guardianship Mediation Project Evaluation - March 2009
This evaluation assessed the effectiveness
of the Adult Guardianship Mediation Project in Alaska, which the court began
operating in 1985. The report found that if cases were mediated, parties
reached agreements about some or all of the issues in 87% of the cases. The
report concluded that the program appeared to be successful at averting
contested hearings or trials, and that participants in the mediations were
satisfied with the outcomes. The Council suggested changes to the survey forms
to help with future evaluations.
To download a pdf copy of this March 2009
report, please click here.
Posted with permission from the Alaska Judicial Council.
Information Regarding TCSG's Adult Guardianship / Family Caregiver Mediation Training
The Center for Social Gerontology
(TCSG) last held its Adult Guardianship / Family Caregiver Mediation Training
in 2009 in Ann Arbor, Michigan.
The three-day advanced training is designed for
trained, experienced mediators who wish to expand their practice to include
mediation of issues or disputes that arise when guardianship over an adult is
being considered, and/or when elders and their families are confronted with
extremely difficult decisions regarding the care of a vulnerable family member
which can easily lead to family conflict. The training is also of value to
judges, court administrators, and others considering or involved in
establishing adult guardianship / Conservatorship mediation programs in their
states or local jurisdictions, and a limited number of spots are reserved for
these professionals. Penelope A. Hommel, Co-Director of The Center for Social
Gerontology, Inc. is the lead trainer for this course.
TCSG does not
currently have an up-coming training scheduled, but does anticipate holding the
course again. If you would like to be added to the mediation training mailing
list in order to receive a notice when the next training is scheduled, please
send an email with your contact information including snail mail address to
TCSG’s Brooke Fajardo at her email
address or TCSG’s fax number (734-665-2071). For more detailed information on
the training itself and to download the 2009 Registration Form for
informational purposes, please click here.
ANNOUNCEMENT: Elder Mediation
Annotated Resource Library Released
The Center for Social Gerontology is pleased to announce the
release of the annotated bibliography on elder mediation. The purpose of the
bibliography is to provide a comprehensive listing and brief description of the
universe of existing materials,
--books/manuals/reports, articles, and video/online information
--on the development, provision, and evaluation of elder mediation
The bibliography includes all items (see caveat) we have been
able to identify as being directly related and that hit the conjuncture of
mediation and aging/disability/health care. It does not include items not
directly related to elder mediation, e.g. items on guardianship, capacity,
long-term care, or the field of mediation generally.
For more information and to download the latest copy of the Elder Mediation
Annotated Resource Library, please click here.
Brochures online for
"Considering Mediation" in Situations in Which Guardianship is Being
Considered for Older Persons OR Caregivers for Older Persons are Facing
Difficult Decisions
The Center for Social Gerontology
(TCSG) has for over a decade been pioneering the use of mediation in cases in
which guardianship is being considered for older persons. In the past few
years, TCSG has broadened the use of mediation to include cases in which
caregivers for older persons are encountering difficulties in making decisions
with and for older persons, particularly when a number of family members are
involved. During the past two years, TCSG has worked with colleagues in
Michigan, Georgia and Vermont on pilot projects using mediation in caregiver
situations, under a
grant from the federal Administration on Aging. As a part of the latter
project, TCSG has prepared two brochures for use in these projects to assist
families and professionals in understanding when and how mediation might be
used in these situations. The brochures also provide useful information for
persons interested in considering establishing similar programs in other
locations. The two brochures are now available for viewing online, each in pdf
format.
To access the brochure titled Considering
Guardianship for Someone You Care About? Consider Mediation click here To access the
brochure titled Caring for an Older Person and Facing Difficult Decisions?
Consider Mediation click
here These
brochures provide information to address the following: why try mediation;
examples of the use of mediation; what is mediation and how does it work in
these types of situations; what kinds of issues can be mediated; frequently
asked questions; what are mediators and what are their roles; examples of the
use of mediation versus court proceedings such as guardianship; as well as
additional information.
We encourage you to view the
brochures and/or download them for your use as examples for materials you wish
to develop on this issue. Caveats: Because TCSG bought the one-time-use rights to the photos
used in the brochures, you may not use these photos in your own brochures or
materials. Also, if you wish to use the text of these brochures for your own
brochures/materials, you may contact TCSG for permission and to obtain copies
of the text, etc.; simply contact TCSG Co-Director Penny Hommel at at phommel@tcsg.org
TCSG Publishes Major
Report: "Evaluation of Mediation as a Means of Resolving Adult
Guardianship Cases"
On November 19, 2001, The Center for
Social Gerontology (TCSG) published a major report which describes the use of
mediation in cases in which guardianship over older persons was being pursued.
TCSG, in the early 1990s, pioneered the use of mediation as a non-adversarial
means of addressing the complex personal, financial and related issues which
often precipitate the filing of petitions for guardianship of older persons by
family members, friends or private guardianship organizations. The new TCSG
study found that mediation appeared to be effective in helping disputing
parties reach agreements in three-quarters of the cases in which it was used.
Further, older persons, family members, program administrators and mediators
were found to believe that mediation in these adult guardianship cases was
effective in finding better or more satisfactory resolutions such as fewer
guardianships, limited rather than full guardianships, or less restrictive
alternatives to guardianship. The approximately 140 page report presents the
conclusions reached in a study by TCSG of adult guardianship mediation in Ohio,
Florida, Wisconsin and Oklahoma. The report, funded by a grant from the State
Justice Institute (SJI), presents a detailed description of adult guardianship
mediation programs in these four states, followed by a summary of the results
of a participant survey performed at two of the sites, and ends with a
discussion of the conclusions and recommendations reached as a result of the
study. Printed copies of the full study are available for a fee by contacting
TCSG at 734 665-1126 or at tcsg@tscg.org. A copy of the press release
describing the study may be downloaded by clicking here. A
copy of the full report, in pdf format, may be downloaded by clicking here.
TCSG Releases Video:
Adult Guardianship Mediation - An Introduction
TCSG has released Adult Guardianship Mediation: An Introduction.
This 30-minute video presents a demonstration of a guardianship mediation,
using actors to portray family members. Narrated by Academy of Family Mediators
Past President Zena Zumeta, the video introduces viewers to mediation and its
application in guardianship disputes.
Adult Guardianship
Mediation Manual
This state-of-the-art and highly
acclaimed manual is unique in this newly developing field, which The Center for
Social Gerontology pioneered in the early 1990's. This comprehensive,
four-module manual provides complete and detailed information for starting and
operating an adult guardianship mediation project, as well as for training
mediators. Judith Filner, of the National Institute for Dispute Resolution
stated "these are high class and high quality materials for conflict
resolution trainers, community dispute resolution centers, courts, lawyers, and
advocates for the elderly." Click here for more
information and the table of contents.
TCSG Video: Adult
Guardianship Mediation - A Judge's Perspective
This 20 minute video features
Washtenaw County, Michigan, Probate Judge John Kirkendall, who discusses the
value of adult guardianship mediation to courts and judges. Judge Kirkendall,
with The Center for Social Gerontology, implemented the first adult
guardianship mediation program in the nation, and, as a result has a
"hands-on" feel for how mediation can assist the courts in best
meeting the needs of persons who are under consideration for guardianship. A
perfect video for judges, lawyers, mediators and elderly programs who are
considering developing adult guardianship mediation programs. To order, go to
TCSG's publications page.
Adult Guardianship
Mediation
This article, published in TCSG's Best
Practice Notes in
1996 provides an overview of the use of mediation in the handling of some cases
in which guardianship is being proposed. It describes TCSG's experience in conducting
pilot guardianship mediation projects since 1991. BPN article September 1996.
Last
updated June 2011