ADR and Aging: What Is the Nexus and Where Do We Stand?

Beginning in the 1980s and 1990s, the Center for Social Gerontology (TCSG) pioneered the use of mediation in adult guardianships and, later, in caregiver conflicts, with pilot projects and extensive trainings. In 2006, when the notion of mediation and aging had been around for close to two decades, TCSG convened a mini-summit to examine where it stood and what steps were needed to move forward effectively. Co-director Penny Hommel expressed two challenges. One was "the challenge of under-utilization of mediation" in aging issues: why weren't more age-related cases surfacing? The second challenge concerned quality assurance: "what type of guidance/leadership is needed to ensure that mediators are adequately prepared to safeguard elders' autonomy and rights, and that mediation does not unintentionally lead to limiting the rights and voices of older persons?" Press Release, TCSG, National Elder Mediation Network Formed at Mini-Summit (Feb. 23, 2006), available at http://www.tcsg.org/empressrelease.pdf. The mini-summit brought about a network of ongoing working groups focused on elder mediation training, education, ethics, and resources. In 2007, a national symposium on ethical issues for elder mediation was convened at Temple University's School of Law. Two years later, the Association for Conflict Resolution (ACR) devoted its quarterly publication, ACResolution, to "New Perspectives on Elder Mediation: Evolving Ethics and Best Practices." The landmark issue opened with an article on a mediator's ethical responsibility, stating: "Elder mediation creates special ethical issues regarding core mediation values, particularly, impartiality, selfdetermination, confidentiality, participant safety, and mediator competency. Mediators will often encounter two or more values in tension and be challenged to respond . . . ." Barbara Foxman, Kathryn Mariani & Michele Mathes, A Mediator's Ethical Responsibility in Elder Mediation: What Is at Stake?, ACResolution (Ass'n for Conflict Resolution), Summer 2009, 3. The publication also profiled Alaska's court-connected pilot project, a New York court model, and more. In the 2009 special issue, ACR announced the formation of a new ACR Section on Elder DecisionMaking and Conflict Resolution. The mission of the Section is "to advance the development, provision, and use of highquality, facilitated conflict resolution and decision-making services by older persons, their families, public and private service providers, and others." See