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.