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.
REGISTRATION NOW OPEN:
TCSG's 2009 Adult Guardianship / Family Caregiver Mediation Training October
1-3, 2009 in Ann Arbor, Michigan 
Registration is now open for The Center for Social Gerontology
(TCSG)‘s Adult Guardianship / Family Caregiver Mediation Training, to be held
this year from Thursday, October 1 through Saturday, October 3, 2009 in Ann Arbor, Michigan.
This 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.
Trainers will be Penelope A. Hommel, Co-Director of
The Center for Social Gerontology, Inc.; Robert J. Rhudy, Consulting Attorney
for The Center for Social Gerontology, Inc. and President & Executive
Director of Senior Mediation and Decision-Making, Inc.; and Carolyn J. Rodis,
Mediator, Trainer, and Director of Training of Senior Mediation and
Decision-Making, Inc.
For more detailed information and to
download the 2009 Registration Form, please click above or here. Information
last updated July 2, 2009.
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.
National Elder Mediation Network
Formed at Mini-Summit
At the conclusion of a 2-day meeting on February 9-10,
2006 in Georgia titled Assessing Elder Mediation Today and Developing
Guidelines for Future Directions: A Mini-Summit, participants formed a new National Elder Mediation
Network. Penny Hommel, convener of the Mini-Summit and Co-Director of The
Center for Social Gerontology (TCSG) said "The purpose of the National
Elder Mediation Network is to bring together an experienced, concerned,
multi-disciplinary group to collaborate in defining, developing and supporting
high-quality facilitation, mediation and related elder services. The Network's
mission is to provide national leadership -- through policies, ethical
standards and best-practice guidelines -- for a continuum of decision-making,
planning and conflict resolution services that enhance communication, give
voice to older persons, and strengthen relationships among elders, their families
and the elder care community, while also promoting autonomy, independence and
quality of life for the nation's elders."
After years of work on guardianship law reform, TCSG
determined that new means were needed to help older persons and families address
disputes and difficult decisions surrounding guardianship, which deprives older
persons of fundamental rights to make decisions about their person and/or
property. In the late 1980s and early 1990s, TCSG pioneered the use of
mediation as a new means of addressing underlying issues and problems and
exploring less restrictive alternatives to guardianship. 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. Hommel continued. "While we at TCSG believe that mediation can
be extremely helpful, we have been increasingly confronted with several challenges,
and the more we work with others across the country, we learn they are facing
similar challenges. One is the challenge of under-utilization of mediation
which raises myriad questions about outreach, building referral sources, and
even if mediation by itself is the right service or if there is a need for a
continuum of related services. The other is the challenge of quality assurance
as guardianship/caregiver/elder mediation expands into the main-stream of
mediation practice; what type of guidance/leadership is needed to ensure that
mediators are adequately prepared to safeguard elders' autonomy and rights, and
that mediation does not unintentionally lead to limiting the rights and voices
of older persons?" The Mini-Summit was convened in response to these concerns
and questions. Bringing together a multi-disciplinary group of about 20
professionals in aging, law, and mediation, the Mini-Summit provided an
opportunity for brainstorming these and related issues.
At the conclusion of the 2-day Mini-Summit, the 20+
participants agreed to continue their work together through the formation of
the new National Elder Mediation Network. TCSG will serve as coordinator of the
Network, which will add other members in coming months. The Network members
agreed to begin work immediately on four key areas: 1) the essential elements
of quality elder facilitation, mediation and related programs/services; 2)
ethics and standards for elder mediation services; 3) training and education;
and 4) market research and needs assessment related to elder mediation and
related services. Working committees were created on each of these topics.
Network members will confer regularly through conference calls, meetings, a
list serve and web sites. To access the full press release describing this new
initiative, in pdf format, 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.
The Center for Social Gerontology, Inc.
2307 Shelby Avenue Ann Arbor, MI 48103
Tel: (734) 665-1126 Fax: (734) 665-2071
Email: tcsg@tcsg.org
Last updated July 2009