What to Expect

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Mediation should be a safe place for your family to have important and critical discussions about the issues in which you disagree or need facilitation to formulate a plan of action.

Everyone who is a stakeholder in the decision should have a voice at the table, especially the person about whom decisions are being made.  It is often easy for family members to make decisions on behalf of the elderly member of their family.  However, in mediation the elder must have a voice, even if they need to have an attorney, guardian ad litem or other person there representing their interests.

Before the mediation begins, the mediator will want to gain an idea of what the issues are and who the various participants will be.  He may wish to have short discussions with each of the participants by phone prior to the mediation session itself.

Everyone in the mediation session agrees that they are there because they want to resolve their differences, and will try to negotiate in good faith to reach an agreement.  Everyone also recognizes that they can leave the mediation at any time.

At the mediation session, everyone will be able to speak and provide their view.  The mediator's role is to facilitate the discussion and help each person to have their voice and viewpoint really heard by the others.  Interruptions, rude language, disrespecting others, and counterproductive behavior is not tolerated.  Those whose communication skills are not as honed will get support from the mediator so that their views will be heard by the others.

We may take breaks (for a short or extended period of time) to gather additional information or seek the input of an expert.  Parties to the mediation may be given homework assignments to report back their findings at the next mediation session.  Certainly many of our mediation sessions are more like facilitated problem-solving sessions than negotiations.