Elder Mediation

Abstract

This article considers the need for mediators to adopt a more proactive approach to providing accommodations for elders in mediation in order to fully promote their decision-making capabilities. The author suggests that assessing capacity is outside of the expertise of mediators and that from a philosophical and a human rights perspective, the better approach is to screen parties in to mediation by providing accommodations, rather than screening them out with capacity assessments. The author recommends that for the field of elder mediation to grow, mediation standards must reflect the requirement for accommodations, rather than a process of exclusions based on ad hoc capacity assessments.

Keywords: mediation, elderly, capacity, accommodations

JEL Classification: K39, K40, K19