An ethical process for elder mediators : responding to questions that arise when there are vulnerable or incapable participants

Elder mediation is a process for resolving conflicts between older adults and their families. Some scholars have argued that older adults may be disadvantaged in elder mediation. At particular risk are older adults who have diminished cognitive capacity or are victims of elder abuse. Older adults in...

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Main Author: Braun, Joy Anne Fay
Language:English
Published: University of British Columbia 2015
Online Access:http://hdl.handle.net/2429/55139
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spelling ndltd-UBC-oai-circle.library.ubc.ca-2429-551392018-01-05T17:28:38Z An ethical process for elder mediators : responding to questions that arise when there are vulnerable or incapable participants Braun, Joy Anne Fay Elder mediation is a process for resolving conflicts between older adults and their families. Some scholars have argued that older adults may be disadvantaged in elder mediation. At particular risk are older adults who have diminished cognitive capacity or are victims of elder abuse. Older adults in those situations may bargain away their legal rights in mediation due to having less negotiating ability. In this thesis I examine this issue through a review of scholarly literature, laws and policies. I identify situations where vulnerable or incapable older adults may be harmed in mediation. I argue that elder mediators must choose an appropriate course of action in these situations to ensure that the older adult participant is not harmed. Many of these decisions have ethical considerations. I then examine existing ethical codes and demonstrate that these do not provide sufficient guidance to elder mediators in these situations. In order to fill this gap, I propose that elder mediators adopt an ethical decision–making process. I argue that elder mediators can effectively use this ten-step process and demonstrate how to use it in practice by applying it to a typical elder mediation scenario. Law, Peter A. Allard School of Graduate 2015-10-23T21:14:20Z 2015-11-05T03:34:37 2015 2015-11 Text Thesis/Dissertation http://hdl.handle.net/2429/55139 eng Attribution-NonCommercial-NoDerivs 2.5 Canada http://creativecommons.org/licenses/by-nc-nd/2.5/ca/ University of British Columbia
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language English
sources NDLTD
description Elder mediation is a process for resolving conflicts between older adults and their families. Some scholars have argued that older adults may be disadvantaged in elder mediation. At particular risk are older adults who have diminished cognitive capacity or are victims of elder abuse. Older adults in those situations may bargain away their legal rights in mediation due to having less negotiating ability. In this thesis I examine this issue through a review of scholarly literature, laws and policies. I identify situations where vulnerable or incapable older adults may be harmed in mediation. I argue that elder mediators must choose an appropriate course of action in these situations to ensure that the older adult participant is not harmed. Many of these decisions have ethical considerations. I then examine existing ethical codes and demonstrate that these do not provide sufficient guidance to elder mediators in these situations. In order to fill this gap, I propose that elder mediators adopt an ethical decision–making process. I argue that elder mediators can effectively use this ten-step process and demonstrate how to use it in practice by applying it to a typical elder mediation scenario. === Law, Peter A. Allard School of === Graduate
author Braun, Joy Anne Fay
spellingShingle Braun, Joy Anne Fay
An ethical process for elder mediators : responding to questions that arise when there are vulnerable or incapable participants
author_facet Braun, Joy Anne Fay
author_sort Braun, Joy Anne Fay
title An ethical process for elder mediators : responding to questions that arise when there are vulnerable or incapable participants
title_short An ethical process for elder mediators : responding to questions that arise when there are vulnerable or incapable participants
title_full An ethical process for elder mediators : responding to questions that arise when there are vulnerable or incapable participants
title_fullStr An ethical process for elder mediators : responding to questions that arise when there are vulnerable or incapable participants
title_full_unstemmed An ethical process for elder mediators : responding to questions that arise when there are vulnerable or incapable participants
title_sort ethical process for elder mediators : responding to questions that arise when there are vulnerable or incapable participants
publisher University of British Columbia
publishDate 2015
url http://hdl.handle.net/2429/55139
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