Children of Elderly Should Collaborate - Not Litigate

More than 5 out of 10 of US marriages lasting shorter than 6 months, quite a few Baby Boomers are aware that even when the bitter court disputes come to an end, the play may still be one. Property is divided, assets parsed and financial terms set but, when children are involved, there is a second act - the warring parties still must coexist. Quite a few Boomers are now on the brink of an encore performance with elderly parents at center stage in these emotions charged disputes. Siblings in growing numbers are resorting to filing lawsuits to resolve family clashes.

There is much evidence to show that, without a near term course correction, courts will soon be congested with such cases. However, two proponents of an approach called Collaborative Practice offer a non-litigation alternative to handle elder-related cases.

In an article featured during February on the Parent Care website, the two Collaborative Practice advocates offer insights into this emerging elder-related family dispute resolution tool. They trace its roots to the mid-70's when a Minnesota attorney sought and developed a means to have divorce disputes settled out of court. Lately, the technique has been increasingly and successfully used in elder probate, property and guardianship matters. To be used successfully, "Attorneys must learn the vocabulary and methods of peace making, and discard the language and strategies of courtroom battle," the authors offer. Both Stagg and Andrews are active in California's Collaborative Practice movement which includes financial, mental health, estate planning and related experts. Andrews is working with several bar associations across the country as they ramp up their own practices.

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