If you or someone you know is experiencing family conflicts involving the care crisis that may happen when an elder loved one becomes infirmed, individuals may want to consider mediation. Mediation is the process of third party intervention with the consent of the parties to a dispute (whether individuals, groups, civic or governmental bodies or even nations) to attempt to bring about a resolution or settlement. Mediation is not imposed from without but entirely consensual and if the parties are irreconcilable, it may not succeed. Mediation is different from litigation which is a judicially imposed resolution of a dispute by a court of law with jurisdiction over the parties and over the subject matter of the dispute. Mediation is also different from arbitration which is a non-judicial or administrative resolution of the dispute pursuant to an existing contract such as a collective bargaining agreement, or by simple consent of the parties. Arbitration is binding on the parties although one, or the other, or both, may be unhappy with the outcome. A mediator has no power to make a decision for the parties (although the parties could agree during the process of mediation to binding arbitration).<\/p>\n
Mediation is performed by various practitioners who have expertise in the particular field involved. An agreement to mediate may require a particular expertise or certification in the field; but otherwise, a law degree (JD) or a certification to practice law in a the state or country involved is not required, nor is an advanced degree in business (MBA) or accounting (CPA) or medicine (MD) or psychology (PhD) or any particular field. Often mediators are attorneys and\/or arbitrators or retired judges because the subject matter of the dispute often involves questions of law. Where practical issues involving construction, for example, dominate the dispute, the mediator will often be a contractor with years of experience in the field. And, where family issues are concerned, the mediator may be a family counselor, a chaplain, or a social worker.<\/p>\n
In the nineteenth century, a U. S. statesman by the name of Henry Clay was renowned for his ability to resolve difficult disputes in Congress and became known as the Great Compromiser. In the late twentieth century, a retired U. S. Senator, George Mitchell, was asked to intervene as mediator in several major disputes and his crowning achievement was in mediating the \u201cGood Friday\u201d peace accords between the Protestants and Catholics in Northern Ireland which had been unresolved for centuries. We hope that readers who choose to mediate family disputes involving the welfare of an elderly loved one also will achieve peace accords with consequences that are satisfactory to all involved.<\/p>\n","protected":false},"excerpt":{"rendered":"
If you or someone you know is experiencing family conflicts involving the care crisis that may happen when an elder loved one becomes infirmed, individuals may want to consider mediation. Mediation is the process of third party intervention with the consent of the parties to a dispute (whether individuals, groups, civic or governmental bodies or […]<\/p>\n","protected":false},"author":4,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[],"class_list":["post-16","post","type-post","status-publish","format-standard","hentry","category-mediation-concepts"],"_links":{"self":[{"href":"https:\/\/lily-old.org\/LiLY-blogs\/Mediation-Blog\/wp-json\/wp\/v2\/posts\/16","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lily-old.org\/LiLY-blogs\/Mediation-Blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lily-old.org\/LiLY-blogs\/Mediation-Blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lily-old.org\/LiLY-blogs\/Mediation-Blog\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/lily-old.org\/LiLY-blogs\/Mediation-Blog\/wp-json\/wp\/v2\/comments?post=16"}],"version-history":[{"count":13,"href":"https:\/\/lily-old.org\/LiLY-blogs\/Mediation-Blog\/wp-json\/wp\/v2\/posts\/16\/revisions"}],"predecessor-version":[{"id":57,"href":"https:\/\/lily-old.org\/LiLY-blogs\/Mediation-Blog\/wp-json\/wp\/v2\/posts\/16\/revisions\/57"}],"wp:attachment":[{"href":"https:\/\/lily-old.org\/LiLY-blogs\/Mediation-Blog\/wp-json\/wp\/v2\/media?parent=16"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lily-old.org\/LiLY-blogs\/Mediation-Blog\/wp-json\/wp\/v2\/categories?post=16"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lily-old.org\/LiLY-blogs\/Mediation-Blog\/wp-json\/wp\/v2\/tags?post=16"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}