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Pam Goodman Julie Ford

Integrating Mediation Techniques with Formal Tribunal Processes to Advance the Protection and Welfare of Elderly Persons. Pam Goodman Julie Ford. QCAT established 2009 We do everything. Elderly person with no capacity for decision making Guardians Administrators

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Pam Goodman Julie Ford

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  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

  5. 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

  6. How we do it • Actively manage hearings • Feels like a mediation • Tailor made dispute resolution

  7. Challenges • Natural justice, procedural fairness, formal requirements • Public process • Need for consistency

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

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

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

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

  12. 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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