Mediation takes center stage during coronavirus crisis

As court hearings and trials have been delayed during the current COVID crisis, another long look has been taken at mediation as an alternative for dispute resolution. Mediation in the right case could potentially avoid lengthy trial proceedings and the motions and petitions preceding them.

Recently, Chester County elder law attorneys had the opportunity to hear a presentation through Zoom by Bill Weber, a long time court appointed mediator in Chester County regarding procedures for mediation and when it best can be used including in potential contested guardianship cases.

Mediation involves a back and forth among the parties and also an opportunity for everyone to be heard. Documents and other information can be presented informally. If the parties cannot agree after, then with mediation

— unlike arbitration — they can continue to proceed with the litigation. However, it is assumed that in many cases a satisfactory result can be obtained without proceeding further.

Mediation can be used in other contexts, notably where there is a dispute among adult children regarding frail, disabled and incapacitated parents. If there is anything that brings out old family conflicts like care for, abuse of, and costs relating to elderly parents, I do not know what it is.

When adult children disagree on the best course of action regarding ailing parents, disputes dating back to childhood can resurface. Different family members can assume different roles and misunderstandings can develop. Sometimes one adult child becomes the caretaker and believes the others will never understand how difficult caretaking can be. Others, who might live at a distance might not recognize changes in their parent that require action. So long as brothers and sisters can communicate and so long as parents can continue to express their own wishes, plans can be developed. When family members can no longer talk to each other, an outsider in some cases can put things in perspective.

While mediation might not be the first remedy, it might be useful as one additional tool in dealing with this kind of family dispute. Frankly, much of what good elder law attorneys do when dealing with a family could probably be considered family mediation or family counseling whether all