Mediation
New York recently began a program of presumptive mediation in most if not all of the courts in the state. But what is presumptive mediation and how does it work? Presumptive mediation is now the dispute resolution method of choice in the courts that use this tool.
As we age we need to make decisions about so many things we used to take for granted.
Whether we've noticed a change in our comfort level driving long distances or in unfamiliar places, changes in our physical strength and endurance,
Current or anticipated changes in the life of a family elder can trigger all sorts of conflicts in the family.
Changes such as the death of a spouse, the elder’s declining health and the health and safety concerns that may raise, plus issues around independence, self-determination, and safety of the elder and others are classic triggering events.
An elder's capacity to contribute to the process is often an issue of great concern when trying to resolve any dispute affecting or involving the elder. While "capacity" has a very specific legal meaning when it comes to entering into an enforceable agreement or testifying in court, capacity to participate in a conversation holds to a much more practical standard.
In a study of more than 2000 actual cases in California in 2008 even the most experienced litigators frequently rejected settlement offers that turned out to have been better than the results they ultimately obtained at trial!