As our “Baby Boomer” generation reaches their 50’s and 60’s, we are faced with new challenges, experiences and expectations, both individually and as a society. By 2006 the United States alone was comprised of some 37.5 million people over the age of 60. By 2050 that number is expected to reach 90 million. Complicating the story is the fact that more young adults in their 20’s and 30’s are choosing to move back in with their Baby Boomer parents, who are also attempting to take care of their aging parents who are living longer than ever before. What occurs is a unique set of challenges and opportunities for growth, deeper relationships and understanding. What also occurs is a unique set of opportunities for pain, resentment and conflict.

Probate and Will Challenges
Elder Care and Abuse
Quality of Life Concerns, Living Wills
Lifestyle Choices
Financial Difficulties
Acceptance of Aging
End of Life Decisions
Expressing Last Wishes in Wills
Accepting Change

Mediation as a preventative tool is an excellent way to bridge the generational gaps that exist naturally, and to open conversations about topics that can bring up old family wounds and create new ones if not handled appropriately.

Transformative mediation is a process that empowers participants to share their desires and gives voice to each participant, thus enabling empowerment and recognition shifts that lead to better understanding, acceptance and better relationships between the parties than other forms of mediation or litigation.

To arrange for a family mediation to discuss issues related to these concerns, please call (763) 234-5554 or click here.

Vulnerable Adults
Each state in the U.S. sets standards for the definition of a vulnerable adult. The State of Minnesota has also set a standard for defining what constitutes a ‘vulnerable adult.’ If someone is considered a vulnerable adult, they are not able to enter into mediation representing their own best interests. They will need to have a representative chosen who can speak on their behalf.

Vulnerable Adult: A vulnerable adult is any person, 18 years of age of older who is:

• A resident or inpatient of a healthcare facility or receives services from a licensed home care provider or a person or organization that provides personal care assistance under the state's medical assistance program.
• An individual who lives at home or in a facility and is unable or unlikely to report maltreatment of him or herself because of a physical or mental infirmity or other physical, mental or emotional dysfunction that impairs a person's ability to provided adequately for his or her own care without assistance.

Care includes providing for food, shelter, clothing, health care or supervision.

A vulnerable adult is a victim of maltreatment when he or she is subjected to abuse, neglect or financial exploitation.

To understand more fully what is meant and intended by the State, please see MN Stat. 626.557

Open Dialogue will not knowingly enter into a mediation with a vulnerable adult unless that person is represented by someone who can give them full voice.

Family Disputes Related to Elder Care, Abuse & Estate Challenges
Allegations regarding abuse of power, coercion of vulnerable adults, and abuse can be serious and sometimes difficult charges to prove in a court of law. In addition, to seek out litigation will almost certainly alienate family members and cause harm that may be irreparable. There is another way! Mediation.

Mediation is a kinder, gentler way to reach resolution to complex family relational issues in a way that oftentimes leads to the parties understanding each other and being able to continue a relationship afterward.

Mediation is also more cost-efficient in the long run. Here is an example: “Nancy” and “Tom” live in Minnesota and have a dispute they can’t seem to resolve. Here are two scenarios of what may take place:
	Nancy & Tom Choose Mediation	Nancy & Tom Go To Court*
Initial Consultation	Free	Free
Time to Prepare For Mediation or Court	-0-	$300-$500 per hour
Depositions	-0-	$500 average per deposition (includes stenographer & transcript)
Court Filing Fee	-0-	$350 average most counties
Paralegal billing rate	-0-	$75 per hour
Other expenses such as investigation, discovery	Non-Applicable	Unknown
Initial Case Coordination Fee	$200	-0-
Mediation/Court Appearance	$200 per hour	$300-$800 per hour
*Many courts require litigants to go through mediation prior to appearing in court anyway. Add mediation expenses onto the total of this column for actual expense. Then DOUBLE the expenses because each party will be paying these amounts to their own attorneys. Mediation expenses, on the other hand, are usually DIVIDED evenly among the parties.

To arrange for a family mediation to discuss issues related to these concerns, please call (763) 234-5554 or click here.