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It preserves the voice and participation of the elder, and provides a constructive and secure environment that encourages the participation of all parties to discuss issues pertaining to the elder’s care, including issues arising in the context of a conservatorship petition.
The goal of elder mediation is to provide families access to resources that are not available in court, where the mediator has knowledge of these resources to serve the needs of elders within the relevant community. In encouraging this type of communication, the facilitative approach of elder mediation helps to preserve family relationships and build connections to community resources that families may otherwise be unaware of.
These benefits to mediation make it a viable and important ADR option for disputes involving families and elders, and thus it is an appropriate intervention in the majority of cases. There are situations, however, where the mediator may be limited in his or her ability to address the high-conflict dynamics that can arise in an elder dispute.