By S.J. Schmitz, Project Director of the SIUC School of Law Alternate Dispute Resolution Clinic.

Grace could not sleep at night because the new neighbors played music so loudly that it kept her awake. She had tried leaving them notes but nothing improved. Finally, Grace decided to try mediation. The mediator got Grace and the neighbors together. After discussing the situation Tom and Jane, the neighbors, agreed to turn down the music after 10 p.m. Grace agreed to call them if it continued to disturb her. This was the first time Grace had ever met Tom and Jane. While they did not leave mediation as friends, they did agree to be neighborly.

Have you ever had a disagreement with someone that you did not know how to resolve? Maybe you have a neighbor who makes noise at night when you want to sleep? Or you loaned money to a family member and the relative failed to repay? Or you purchased services or products that did not work out, and you were unable to get any satisfaction?

You may want to try mediation. Mediation is a way of working out problems or disagreements. In mediation, you sit down with those who are part of the problem and a mediator. The mediator gives each person a chance to talk without interruption. Everyone is asked to speak civilly and respectfully.

After each person has been heard, everyone tries to think of possible solutions to the problem. The mediator will not make you solve the problem. In fact, you can agree to disagree, but at least you have had your say. If you do work out the problem , the mediator will write up the agreement so that there is no more confusion.

The mediator is not a judge or a police officer. The mediator does not make decisions for you, but will guide you through a discussion of the problem.

One advantage to mediation is that it is private. Another is that people can work out a solution that fits their needs. People tend to live up to what they agree to do. However, mediation is voluntary and no one can force another to mediate, nor can the mediator make someone live up to the agreement that was made.

A mediator will not give legal advice. If you think you need legal advice, you should see a lawyer before coming to mediation.

Situations that are often suited to mediation include:

1. Personal loans;
2. Nursing home issues;
3. Consumer problems;
4. Care of elder family members;
5. Some property matters;
6. Family matters;
7. Neighborhood problems; and
8. Public housing and landlord-tenant issues.

The Alternative Dispute Resolution Clinic of the Southern Illinois University School of Law offers community mediation at no charge. Law students trained as mediators provide the service. Although the situation with Grace described above did not actually occur, it is similar to situations that are mediated every day. The ADR Clinic has mediated between a senior and a home chore service agency; between a Realtor and an older individual; and among family members about care of an elderly parent. The clinic mediated a matter in which seniors and their adult children decided on the future of a family business.

To see if mediation is for you or to find a mediator to help with your problem or situation, call the ADR clinic. An intake worker will determine whether mediation will work for you and whether the clinic can handle the mediation. The worker will ask you to describe the situation and give names and addresses of everyone involved. All persons involved must agree to mediate. If the Clinic cannot mediate for you, it can refer you to private mediators who charge a fee.

Mediation offers many advantages to seniors. It is private. It can be arranged at a time convenient to everyone. It offers everyone an informal means of getting problems solved. It may be what you need!

###

Return to Miscellaneous Issues