Elder and Adult Family Mediation

March 20, 2012  |  Elizabeth A. Schading

Family harmony can be jeopardized when difficult decisions need to be made and adult siblings and parents don’t agree. Maybe you think your Mom should move into assisted living. Or, maybe you’re uncomfortable with Dad’s driving. You might think that it’s time to sell the family cabin, but your sister loves the cabin and can’t bear to part with it and all the memories. Where do you go when the people most like you – those sharing your genes – and with whom you have more history than anyone else in the world, can’t see eye to eye? The legal system isn’t your best option if you’re hoping to continue those family ties after the issue is resolved. A better option is mediation. Mediation allows decisions to be made by the people most affected. It’s a confidential process which allows for creativity but requires compromise. A trained mediator can facilitate a discussion with the ultimate goal of preserving family relationships while resolving the complex interests of all involved. If decisions are being made for and sometimes with an elderly parent, that parent is going to want to preserve as much independence as possible. Adult children might have competing concerns about safety and appropriate care. And then there’s money – who has it, who…

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Buckle Up – It Saves Lives

February 8, 2012  |  Jon P. Erickson

I again read an article this past week on motor vehicle accidents (MVA) where seat belts were not worn. It was entitled “Deaths of Non-belted Motorists Spike in Minnesota.” The article leads off by stating that “an overwhelming majority of traffic deaths on Minnesota roads in the past six weeks have involved vehicle occupants who were not wearing their seat belts.” The information from the State Department of Public Safety’s Office of Traffic Safety reported that in December of 2011, there were 23 vehicle occupants killed in MVA’s and only five were known to be buckled up. In the first three weeks of 2012 eight of Minnesota’s first 10 traffic fatalities were not buckled up. These facts are staggering. It tells me that a significant number of those 33 deaths could have been avoided if the occupants had buckled up! These facts again cry out for a more energized public safety campaign to get all motor vehicle occupants to be properly buckled up. I am committed to spreading the word. This blog is but a small attempt to do just that. BUCKLE UP – IT SAVE LIVES! ~ Jon P. Erickson Attorney at Law

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The McDonald's Hot Coffee Case: Separating Fact from Fiction

January 11, 2012  |  John T. Buchman

It seems most everyone has heard about the McDonald’s “Hot Coffee” verdict, however, it may well be one of those “facts” we remember without really knowing how we every learned them. Furthermore, most people repeat those “facts” without ever learning whether or not they were true. Most people assume that the Plaintiff carelessly spilled hot coffee on her self and ended up with millions of dollars. Many people then argue that this exemplifies the “fact” that there are too many lawsuits and juries give out ridiculous verdicts to the undeserving. However, the facts are decidedly to the contrary. The Plaintiff, Stella Liebeck, was 79 years old when she bought a cup of coffee at McDonalds and got into her son’s car. The car did not have a console area to set her cup while she was riding as a passenger. She placed the cup between her knees while she was pulling off the lid and the cup spilled. Unlike most of the coffee that people make at home or buy from most any other restaurant, McDonald’s coffee was 180°. Most other coffee is heated to between 135-140°, a temperature that will not produce third-degree burns. However, McDonald’s, based on a consultant’s advice, brewed their coffee to 180-190°. I’ve heard different versions as to…

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