The Times Herald (Norristown, PA)

Planning Ahead

-

limiting workers’ access to lawyers, favorable union laws and other jobs. Hourly pay averages as low as $12.50 for backbreaki­ng work, often conducted side-by-side. Workers in the country illegally fear deportatio­n for speaking up.

“Vulnerable population­s work well for them,” Joshua Specht, a University of Notre Dame professor, said of the industry.

“This is part of the way this industry works, is by having these different communitie­s they can lean into to keep costs down and keep the lines running,” said Stuesse. family members are present or not. Our office, for one, tries to resolve potential conflicts between family members, where possible.

Where everyone agrees to a solution, this is simply a matter of putting together a plan and implementi­ng it. A family agreement in writing can be extremely helpful here to pull together the understand­ings and, in the appropriat­e circumstan­ce, to fairly compensate family members for the work they are doing .

Where there is serious disagreeme­nt, different roads might be taken. One of these might be, although it does not have to be, mediation and mediation can happen even after court proceeding­s have been instituted.

Here are some circumstan­ces where mediation might be appropriat­e and successful and where it might not be.

Mediation is appropriat­e and often successful in matters where:

• The parties have or have had an ongoing personal relationsh­ip and have communicat­ion problems,

• The primary barriers to settlement are personal or emotional,

• All parties want creative solutions to deal with the problems,

• There is an incentive to settle because of time or cost of litigation, or

• The parties want a confidenti­al forum to resolve their dispute…”

Mediation may not be appropriat­e, however, when:

• There are allegation­s of domestic abuse,

• Substance abuse,

• Emergencie­s, or matters involving extremely hostile or volatile participan­ts.”

Opposing family members may be represente­d by counsel in a mediation. Interested parties should be present. The process is normally confidenti­al and parties are encouraged to speak freely.

The benefits of mediation includes involvemen­t of an unbiased party, the opportunit­y for the parties to vent regarding their viewpoints and the opportunit­y to realistica­lly evaluate the strengths and weaknesses of different positions.

Mediation could be considered even after a petition for guardiansh­ip has been filed. The incapacita­ted person may be able to participat­e through a guardian ad litem, that is an attorney whose purpose is to represent the interests of the party through the proceeding. At its conclusion there should be a written settlement agreement.

While mediation has received its reputation mostly through divorce proceeding­s, family is just as involved in issues involving incapacita­ted seniors and mediation may be helpful in the right case.

Janet Colliton, Esq. is a Certified Elder Law Attorney and limits her practice to elder law, retirement and estate planning, Medicaid, Medicare, life care and special needs at 790 East Market St., Suite 250, West Chester, Pa., 19382, 610-436-6674, colliton@ collitonla­w.com. She is a member of the National Academy of Elder Law Attorneys and, with Jeffrey Jones, CSA, cofounder of Life Transition Services LLC, a service for families with long term care needs. Tune in on Wednesdays at 4 p.m. to radio WCHE 1520, “50+ Planning Ahead,” with Janet Colliton, Colliton Elder Law Associates, and Phil McFadden, Home Instead Senior Care.

 ?? CRISTOBAL FRANCISQUE­Z VIA THE ASSOCIATED PRESS ?? Guatemalan natives Paulina and Marcos Francisco bought their house in Sioux City, Iowa, after years of working in a meatpackin­g plant and other food processing jobs.
CRISTOBAL FRANCISQUE­Z VIA THE ASSOCIATED PRESS Guatemalan natives Paulina and Marcos Francisco bought their house in Sioux City, Iowa, after years of working in a meatpackin­g plant and other food processing jobs.

Newspapers in English

Newspapers from United States