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Integrating Mediation Techniques with Formal Tribunal Processes to Advance the Protection and Welfare of Elderly Persons Pam Goodman Julie Ford.

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Presentation on theme: "Integrating Mediation Techniques with Formal Tribunal Processes to Advance the Protection and Welfare of Elderly Persons Pam Goodman Julie Ford."— Presentation transcript:

1 Integrating Mediation Techniques with Formal Tribunal Processes to Advance the Protection and Welfare of Elderly Persons Pam Goodman Julie Ford

2 QCAT established 2009 We do everything

3 Elderly person with no capacity for decision making Guardians Administrators Enduring Powers of Attorney

4 Challenges Need to comply with legislation, procedural fairness, enforceable order Open hearings Keeping parties on track More scope for individualism

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6 Our goal To make legally correct and sensible decisions in an environment which encourages parties to be active participants in resolving disputes and to take ownership of outcomes

7 How we do it Actively manage hearings Feels like a mediation Tailor made dispute resolution

8 Challenges Natural justice, procedural fairness, formal requirements Public process Need for consistency

9 Case study 1 Elderly man with younger wife Applications lodged for appointment of guardian and administrator Enduring Power of Attorney in place

10 Case study 1 cont. Short term order made Final hearing resolved issues

11 Case Study 2 Large family with complicated dynamics Elderly mother interstate and no contact Applications lodged at QCAT and in interstate Tribunal

12 Case study 2 Mediation skills used Applications must be heard, not simply processed

13 It is our goal to tread lightly on the lives of families whose loved ones have impaired capacity and for our processes to support rather than damage supportive relationships


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