Special Grant Development Project:
COLLABORATIVE MEDIATION for PROBATE, CONSERVATORSHIP AND ADULT GUARDIANSHIP CASES -
(AGING AND INCAPACITATED FAMILY MEMBERS)
OFI pioneered the use of mediation and other conflict resolution methods for custody and parenting disputes. We are interested in expanding the use of this collaborative model to the issues, complexities and disputes of families who are in transition due to the aging or incapacitation of a family member.
We know that families often have very contentious issues to discuss about money, placement, treatment methods for those who need specialized care, and these issues end up in probate court, contested guardianships and conservatorship actions.
Our courts will not be able to handle the influx of cases involving powers of attorney, adult guardianship, incompetency, and other legal responses, which often miss the complexity of the situation. Siblings, parents and spouses can disagree about placement and care, as we have seen from recent headlines such as the Schiavo case. We need a better, more coherent and comprehensive approach to conflict and dispute within families.
These situations could benefit from an organized approach to collating all the relevant information in a complete evaluation process, that allows all family members and their helping professionals their input. It is critical that there be a better way to make important placement decisions - with full information, and a mediated agreement by family to the plan of action.
OFI has helped work with the Elder Mediation section of OMA, and the to see if we can collaborate, and provided support and training with the Elder Mediation program in East Gresham in April 2008.
More recently, OFI served as Registrar, and the Executive Director, Alison Taylor, served as a presenter for training held in Multnomah County Court in 2009 and again in 2010, as part of their pilot program called Probate mediation. In this model, cases will be diverted to mediation services prior to coming to court. The Supplemental local rules have been expanded to organize this effort.
This area serves as a rich opportunity for OFI and other community collaborators to work together to develop programs and services that will help courts and families.
