Understanding and Addressing Elder Abuse Through Mediation

Each year, hundreds of thousands of adults over the age of 60 are abused, neglected, or financially exploited. This mistreatment, known as elder abuse, can occur in various forms and settings, perpetrated by loved ones, hired caregivers, or even strangers. The aim of this article is twofold helping you better understand what is elder abuse and how you can potentially address it through mediation.

1). What is Elder Abuse?

You will find below, for informational purposes only, a list of the most common types and signs of elder abuse.

1-1). Types of Elder Abuse:

Physical; Emotional; Sexual; Abandonment; Financial; Neglect.

1-2). Signs of Elder Abuse:

The National Institute on Aging advises watching for these signs of elder abuse:

Depression, confusion, or withdrawal; Isolation from friends and family; Unexplained bruises, burns, or scars; Appearance of being dirty, underfed, dehydrated, over- or under-medicated, or lacking necessary medical care; Bed sores or other preventable conditions; Sudden changes in banking or spending patterns.

1-3). What to Do if You Suspect Elder Abuse?

If you think someone you know is being abused — physically, emotionally, or financially — the first step is to find a private moment to speak with them. Approach the conversation with care, expressing your observations without judgment and listening to their explanation of the situation. Offer your support and help.

Many older adults are too ashamed to report mistreatment or fear that reporting will make the situation worse. They may also worry that their abuser, often a relative, will be criminally charged and jailed, leaving them without care.

2). The Role of Mediation in Elder Abuse Situations

2-1). Mediation and Elder Abuse Conflicts Resolution

Consider mediation as an alternative approach to resolving elder abuse situations. Mediation involves scheduling a meeting with all parties involved to discuss concerns and explore possible solutions, without involving authorities or law enforcement.

For example, if an elder is not eating regularly due to a lack of interest in cooking, programs like Meals on Wheels can be contacted to deliver meals.

Or - imagine a scenario where a grandchild has moved in to "take care of grandpa" but has instead brought in an unemployed boyfriend and children, relegating grandpa to his bedroom and becoming verbally abusive. All household costs are being borne by Grandpa, with no contribution from the others. In such a case, mediation can provide a platform for addressing these issues, helping to find solutions.

The main reasons why mediating elder abuse situations can sometimes be preferable to involving the judicial system are as follows:

Preservation of Relationships: Mediation focuses on resolving conflicts while preserving relationships. In elder abuse cases, this can be crucial for maintaining family ties and emotional well-being.

Privacy and Confidentiality: Mediation proceedings are confidential, whereas judicial proceedings are generally public records. Elder abuse cases often involve sensitive information that families may prefer to keep private.

Empowerment and Participation: Mediation allows all parties, including the elder if capable, to actively participate in finding a resolution. This empowers them to have a voice in the outcome, which may lead to more satisfying and sustainable solutions.

Speed and Cost: Mediation is typically faster and less expensive than going through the judicial system, which can be beneficial for resolving issues promptly and efficiently.

Customized Solutions: Mediation allows for creative and customized solutions that meet the specific needs and preferences of the parties involved, which can be more flexible and adaptable than court-imposed judgments.

Reduced Emotional Stress: Court proceedings can be adversarial and emotionally taxing, especially for elders and their families. Mediation offers a more supportive and less confrontational environment, which can reduce stress and promote healing.

Preserving Autonomy: Mediation respects the autonomy and self-determination of all parties involved. Elders can maintain greater control over decisions that affect their lives, rather than having outcomes imposed upon them by a judge.

Educational Opportunities: Mediation often includes education about elder abuse, its causes, prevention strategies, and community resources. This can promote understanding and awareness, potentially preventing future conflicts.

2-2). When to Contact Authorities?

If informal attempts to resolve the situation fail, it is crucial to contact Adult Protective Services (APS). The National Adult Protective Services Association provides phone numbers for programs in each state on its website or by calling 202-370-6292.

Mediation can be a powerful tool in addressing elder abuse, providing a safe, private, and constructive environment for resolving issues. By choosing mediation, families can avoid the potential trauma and complications of involving law enforcement, ensuring that the elderly receive the care and respect they deserve. Also, by understanding elder abuse and embracing mediation when doable, we can collectively contribute to safeguarding the well-being and dignity of our elderly population.