The mediator establishes a neutral environment for problem resolution. Focusing on the objective of resolving elder care issues, they create a framework in which all will be heard. Remember, there are no victors and there are no vanquished. Using “meditative influence” the mediator may point out positions that are contrary to law, or are not realistic, or logical, given the facts of the situation.
The mediator may point out when a proposed solution appears to be grossly unfair to one of the parties, or when a proposed solution may disqualify the elder person for future Medicaid benefits if long-term care becomes necessary.
We are not the attorney for either party at any time in these proceedings.
The entire process is confidential. No courts are involved, unless the problem has been referred for medication by a Court. In that case, the Court will be apprised of the results of the mediation, not what was said during the mediation. No transcript is made of the mediation.
Note that normal attorney/client confidentiality only applies between the attorney and client, not between the mediator and either party as the mediator is not the attorney for either party.
Should mediation fail and litigation ensue, we will not be a witness for either party.
To sharpen the mind and mellow the aggression, the Mediator will bring chocolate.