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 → "What Every Illinois Estate Planner Should Know About  Elder Mediation"
by Roselyn L. Friedman
Lake County Bar Association Docket , January 2018

Another use for Elder Mediation ---a tool to protect attorneys from ethical violations in representing elders:

The term "elder mediation" generally refers to a facilitative mediation process which addresses the health, financial, and other concerns of an aging party, whether or not in the context of a guardianship or other court proceeding.

This article describes a less common use of elder mediation to protect an estate planner  representing older, and possibly impaired, clients from breaches under the ethical rules.  Although focusing on the Illinois Rule of Professional Conduct  2.14 , "Representing the Impaired Client", the issues and examples may apply to estate planning or elder law practitioners in other states as well.


 → "Focus on Facilitative Mediation:What Estate Planners and Fiduciaries Need to Know
by Roselyn L. Friedman
Chapter 2, pp 21-39 of MEDIATION FOR ESTATE PLANNERS; Managing Family Conflct, (American Bar Association 2016)

Why faciilitative mediation for estate plannng matters?

There are several  types of mediation, but some estate planners are only familiar with evaluative mediation.  In that form of dispute resolution, generally the neutral uses shuttle diplomacy in seeking  a compromise to settle or even avoid a lawsuit.

 There are additional components of the facilitative mediation process which make it especially useful for resolving conflict over trust, estate, elder and family business issues.   Unlike strangers  locked in a legal dispute, family members at the death of a senior generation may be in combat not only on finances but also long- standing hurts or sibling rivalries.  The facilitative mediator  provides a forum for the parties to address such issues, is well-versed in  listening to  and really understanding the parties, and can help them to craft a settlement  agreement which meets their personal as well as financial needs.  



For Senior Caregivers, Mediation Is Often a Must

(7/29/16) Stephen Fritsch

When it comes time to decide on care for an elderly parent, mediation can help family members make tough financial and life care decisions.

Mediating Family Property and Estate Conflicts: Keeping the Peace and Preserving Family Wealth

(7/22/15) Jay Folberg

Of all of the cases I have mediated over the past 30 years, the most challenging and rewarding disputes have been those between family members over family property, estates, trusts and businesses.


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