The Hawaii Chapter of ACR held an Elder Mediation symposium titled: “Elder Mediation: The Issues, Conflicts, and Problem-Solving Process” in collaboration with The Mediation Center of the Pacific on September 24, 2009. The symposium consisted of two panel presentations with open discussion.

The first panel helped to identify key issues. Panel members included Pua Iuli, a social worker with Kapiolani Medical Center; Ira Kazama, MSW, Family Program coordinator of the Alzheimer’s Assocation; Rev. Clarence Liu, Director of Patient and Family Services for Hospice Hawaii; Leigh-Wai Doo, Esq., President of Palolo Chinese Home; James Pietsch, Esq., UH Law School Professor specializing in Elder Law; Rev. Len Howard, caregiver, doctor, and clergy. Issues raised ranged from asking how do you want to age? to how will you pay for it? to who is the caregiver? to what is the scope of caregiving? Conflicts between siblings and between the elder person and children to legal issues with landlord and condominium associations were identified. The importance of having and advance directive was also highlighted. The use of mediators was also addressed.

Panel 2 looked at finding solutions and addressed resources available to the elderly plus the appropriate use of mediation. Panel members included: Cullen Hayashida, Ph.D., Long-Term Care Coordinator at the Kupuna Education Center of Kapiolani Community College; Bill Hoshijo, Esq., Executive Director of the Hawaii Civil Rights Commission; Scott Makuakane, Esq., attorney specializing in estate and trust planning and former chair of the Elder Law section of the Hawaii State Bar Association; Lei Shimizu, MSW, Coordinator of the Information & Assistance Service of the Elderly Affairs Division of the Dept. of Community Service for the City & County of Honolulu. The C&C of Honolulu provides information on services available within the county for the elderly. Services are provided for three stages of aging: healthy aging, limited disabilities at home, and institutionalization. Kapiolani Community College is focusing on increasing caregiver resources through training paraprofessionals for direct services, training family members, and training the elderly for self-care to engage in “active aging.” The elderly have discrimination protection in housing situations and conditions can be improved to meet their needs. The importance of identifying in advance through a legal agreement how medical care is to be given near the end of life is an important tool.

Both panels see a role for mediation in helping families work out ssues and making decisions on resources to use. The key is to get the parties to want to use mediation services. The complexity of elder mediation issues is recognized as a challenge for mediators. The competency of the elderly party will be of primary concern.

Tracey Wiltgen, Executive Director of The Mediation Center of the  Pacific, moderated both panel discussions and stated that this was the first of what will be a series of forums to discuss this vital area of conflict where mediation services can be beneficial to the parties.

                                      Submitted by:

                                      Bruce McEwan

                                      ACR-Hawaii Chapter President