Mediation

Mediation is an important tool to avoid or resolve conflict associated with guardianship.

Suspension of rights and liberties through guardianship is invasive and emotional. Mediation has several applications:

To avoid guardianship – All avenues should be explored and guardianship used as a last resort.

  • Example – Siblings are sometimes fearful of the actions of one another. One could decide they have to petition the court for guardianship to forestall the actions of another. That could lead to competing claims and a bitter court fight. Instead they may be able to get adequate assurances in mediation so that isn’t necessary.
If guardianship cannot be avoided; tailor the guardianship to arrive at agreement on issues like:
  • Who will be nominated to serve as the guardian?
  • Will an existing designation of Health Care Surrogate be retained?
  • Will a restricted depository or bond be required?
  • Are there other provisions the court should order?

For example – Two siblings are concerned about their mom and decisions about health care and money. In mediation they decide to jointly serve as co-guardians, avoiding an expensive and divisive contest in court.

✔️ Problem solving – when loved ones are unhappy with the guardian

✔️ Mediation can be the environment for improving communications, clarifying the responsibilities of the guardian, and building trust

aged couple guardian consultation

Sample Accomplishments

Helped a business owner deal with the unfair actions of his partners. They would not consent to mediation, but my coaching helped my client with his response.
The out-of-state daughter was concerned about her dad’s welfare and the actions of her step-mother. A contest over guardianship of dad was averted.
Mediated a dispute between a church pastor and an unsuccessful job applicant. Wounds were healed and the conflict ended.
Siblings were concerned about the care for their dad. Through the mediation, agreements prevented a destructive and embarrassing contest over guardianship.
Two sisters were challenged about what do about their mom. In mediation they agreed to an approach for guardianship. With help, they avoided an expensive, destructive court battle and were able to focus their efforts on what was best for their mom.