Day One, June 21
Welcome and Land Acknowledgement (9:00 – 9:10)
Introduction to the Workshop (9:10 – 10:45)
During the opening session, attendees will be introduced to elder mediation including a snapshot of elder law and aging issues in elder mediation and a discussion of competencies necessary to be effective in elder mediation. The format of the opening session will be a mix of lecture and participation in exercises illustrating ethical issues that arise in elder mediation and tips for dealing with ageism and common myths and stereotypes.
BREAK (10:45 – 11:00)
Introduction to Capacity Issues in Mediation (11:00 – 12:30)
Erica F. Wood, JD — Former Assistant Director, ABA Commission on Law and Aging (retired), Arlington, Virginia
This session introduces participants to issues of capacity in the mediation setting, including providing accommodation to participants with a cognitive disability and a discussion of legal and medical concepts of capacity. The focus of the session is practical, examining how to effectively deal with and concerns about capacity that arise.
LUNCH (12:30 – 1:15)
Elder Abuse (1:15 – 2:00)
Joan Braun — Vista Law Group, Vancouver
This topic will provide an overview of elder abuse as it relates to the elder mediation context. It will include information about best practices in the field and practice tips for dealing with situations that may arise throughout the entire life cycle of an elder mediation file; from intake through the joint session.
Practical Application of Material (2:00 – 2:45)
Case studies and small group exercises to apply learnings about capacity and elder abuse to practice.
BREAK (2:45 – 3:00)
Age Related Issues (3:00 – 4:30)
Presenter TBA
This session will cover some common age-related issues and questions, including housing and finances, safety concerns related to an older adult's driving or unsafe living circumstances, and ageism and myths about aging. It will also provide information about how to accommodate disabilities in the elder mediation setting. Practical tips will be provided and myths will be dispelled.
This session will include practical exercises in small groups where participants can apply the material presented.
Wrap Up of Day One (4:30 – 5:00)
Day Two, June 22
Welcome and Land Acknowledgement (9:00 – 9:15)
Dementia in the Elder Mediation Context (9:15 – 10:45)
Presenter TBA
This topic provides an overview of dementia and how this disease impacts decision-making for the adult with dementia, and the impact on the family. The focus is on dementia from a medical and psycho-social perspective. Information will be provided about topics such as capacity assessment and community resources.
BREAK (10:45 – 11:00)
A How-to Overview of the Structure of an Elder Mediation File (11:00 – 11:45)
Joan Braun — Vista Law Group, Vancouver
Vivian A. Kerenyi — Vancouver
This session begins with an introduction to the structure of a typical elder mediation case, beginning with intake, proceeding to pre-mediation meetings and moving to a joint session. Information is provided about tasks to accomplish at each phase.
This introduction is followed by a small group discussion of intake scenario.
A Practice Perspective on Intake, Convening, and Joint Sessions (11:45 – 12:30)
Vivian A. Kerenyi — Vancouver
In this session, the presenter will discuss practice issues that arise in elder mediation based on her own experience mediating older adult disputes. This will include information about how to adapt to the various stages in an elder mediation case in light of COVID restrictions. It will provide insight on the unique aspects of elder mediation cases and how to approach these in practice.
LUNCH (12:30 – 1:15)
Panel: Legal Issues and Professional Standards (1:15 – 2:45)
Barbara K. Buchanan, QC — Practice Advisor, Conduct and Ethics, Law Society of BC, Vancouver
Krista James — National Director, Canadian Centre for Elder Law, Vancouver
Jaqua Page — Jaqua Page Law Corporation, New Westminster
This panel will focus on legal requirements and professional responsibilities from a practical practice-focused perspective. It will provide an overview of relevant professional responsibilities, legal documents, and standards that apply to elder mediation. However, the presentations will be oriented towards addressing practical questions that may arise when dealing with guardianship or substitute decision-making issues and related professional and ethical responsibilities.
BREAK (2:45 – 3:00)
Elder Mediation Skills—Demonstration and Discussion (3:00 – 4:00)
Joan Braun — Vista Law Group, Vancouver
Vivian A. Kerenyi — Vancouver
This session focuses on the skills necessary to be effective as an elder mediator. Complex and unique dynamics that often arise in elder mediation will be discussed and explored through practical exercises: dynamics between extended family members, special challenges mediating with multi-parties, ethical issues, etc.
The session will begin with a role play demonstration of a pre-mediation meeting by the presenters.
Hearing the Voice of the Older Adult (4:00 – 4:30)
Presenter TBA
Some older adults are reluctant to participate in elder mediation and others may be reluctant to state an opinion that conflicts with family member's wishes, or may have their voices drowned out by other family members. This session will provide practical tips and strategies for ensuring that the older adult's voice is heard in mediation.
Wrap Up—Preparation for Role Play (4:30 – 5:00)
This session is a wrap up of day one and two. The presenters will provide information about day three and participants will begin preparation for the full day of role play and practical exercises. Presenters will provide practice tips arising from material presented in days one and two and there will be time for questions and answers.
Day Three, June 24: Role Play
Day three is a full day of role play and practical exercises. We will be joined by two coaches with extensive experience in elder mediation.
DeLila Bergen — AIM Aging Issues Mediation, Highland Village, Texas
Resa S. Eisen — Marathon Mediation, Toronto