Mediation is a process which could be mandated by law or entirely voluntary. Many of my colleagues have previously blogged about mandatory mediation and the types of estate mediation we encounter in our practice: (1) Preparing for Estate Mediation; (2) Preparing your client for an estate mediation; and (3) Mediation or Arbitration – What’s the Difference

Mediation, arbitration, and litigation are some forms of dispute resolution. Each comprise of varying results, costs, and processes. For example, during a Will Challenge, parties are only able to review evidence and draw inferences to decipher the deceased’s intentions. The best source is from the original source – the deceased.

During estate planning and will drafting, it’s good practice for the drafting solicitor to advise clients on: (1) where to place their Last Will and Testament and Power of Attorney for Property and Personal Care; (2) inform their specified estate trustees/attorney on where to find it; and (3) how best to manage expectations and communicate with their loved ones. The drafting solicitor should have drafting notes and documents to record discussions and support any reasoning behind the client’s estate planning choices. If a client struggles to communicate their intentions with their loved ones and requires third party assistance, then Elder Mediation could be an appropriate avenue.

Elder Mediation discusses topics including: inheritance expectations, long term care facilities, financial planning, housing needs, driving, religion, guardianship, health care decisions, mental illness and psychiatric care, intergenerational relationship issues, business issues, abuse and/or neglect, conflict with caregivers or anyone, caregiver burden, respite care, end of life issues, and etc. There are countless topics that can be raised and discussed. Humans are complex social individuals with underlying interests and conflicts. Elder mediation is a structured process helpful towards facilitating effective discussions. Elder Mediation could involve some degree of intergeneration concerns including new marriages and blended families. It’s best to inform and involve relevant parties as early as possible.

Elder Mediation enables participants and families to plan in advance and minimize conflict. Estate litigation can be a very long, daunting, and traumatizing experience. Spending a little more time to plan and communicate better, could save years of costly dispute between loved ones. Having effective discussions can also improve health and wellness, family support networks, interpersonal communications, and delay the need for institutional care. Let’s get talking!

Thanks for reading.
Jennifer Wan