There is an alternative to going to court when individuals or businesses are in conflict. Mediation can be not only less expensive and divisive than traditional lawsuits, but also carry the weight of a court ruling.
Attorney Christine Pate says mediators are not judges.
“If two or more people have a dispute, they may be thinking about taking it to court. Mediation is a form of alternative dispute resolution. You may have one or two mediators assisting the parties to facilitate an agreement. I think the term is that the ‘mediator owns the process, and the participants own the content.’ So the mediator doesn’t really make decisions for the parties, they just help them reach an agreement.”
Bosman also says mediation can be far less expensive than going to court.
Still, most people who end up in mediation are referred by the court system. There are two mediation programs within the state courts: Child Custody and Visitation, and the relatively new Adult Guardianship and Conservatorship, which is designed to settle disputes involving “vulnerable” adults over the age of eighteen. But Bosman says mediation is useful over a spectrum of issues.
“Almost any type of dispute can be mediated. There are certainly a few exceptions to that. One would be child abuse or neglect; the issue of domestic violence itself can’t be mediated; also criminal guilt cannot be mediated. Beyond that, mediation is used in a broad realm of issues: labor disputes, property disputes, all kinds of domestic disputes.”
[Attorney Corrie]Bosman also says mediation can be far less expensive than going to court. Still, most people who end up in mediation are referred by the court system. There are two mediation programs within the state courts: Child Custody and Visitation, and the relatively new Adult Guardianship and Conservatorship, which is designed to settle disputes involving “vulnerable” adults over the age of eighteen. But Bosman says mediation is useful over a spectrum of issues.
And, according to Christine Pate, people leave mediation feeling better about a decision than they do in a court setting – especially in domestic disputes. Arguments are exchanged in court; in mediation it’s all about dialogue.
“Almost any type of dispute can be mediated. There are certainly a few exceptions to that. One would be child abuse or neglect; the issue of domestic violence itself can’t be mediated; also criminal guilt cannot be mediated. Beyond that, mediation is used in a broad realm of issues: labor disputes, property disputes, all kinds of domestic disputes.”
Full Radio Interview Source:
Mediation Offers Resolution (and Solutions) Without Court
Saturday, July 10, 2010
Carmel on the Case: Elder Abuse
Roland Lacroix: "Those are not my checks."
This is 79-year-old Roland Lacroix just days before he died from cancer. A family friend took the video because he was concerned about Roland's health and his finances.
William Christensen: "Do you think she copied your signature?"
Roland Lacroix: "She forged my signature."
She is Joanne Perry. William Christensen says Perry had been hired as Roland's health aid.
William Christensen: "The aid as we found out later was preventing people from talking with Roland."
Worse yet, Christensen says he was contacted by Roland's doctor and told the aid was standing in the way of Roland getting proper medical care.
William Christensen: "She was preventing certain tests from being performed to make sure the pancreatic cancer was being treated correctly."
Full Article, Video, and Source:
Carmel on the Case: Elder Abuse
This is 79-year-old Roland Lacroix just days before he died from cancer. A family friend took the video because he was concerned about Roland's health and his finances.
William Christensen: "Do you think she copied your signature?"
Roland Lacroix: "She forged my signature."
She is Joanne Perry. William Christensen says Perry had been hired as Roland's health aid.
William Christensen: "The aid as we found out later was preventing people from talking with Roland."
Worse yet, Christensen says he was contacted by Roland's doctor and told the aid was standing in the way of Roland getting proper medical care.
William Christensen: "She was preventing certain tests from being performed to make sure the pancreatic cancer was being treated correctly."
Full Article, Video, and Source:
Carmel on the Case: Elder Abuse
Florida Pastors Accused of Theft
Two Lake County pastors are facing charges of stealing money from an elderly man who lived in a homeless shelter the two ran, CFNews13.com is reporting.
The 80-year-old man said Linda Hall and her husband, Shelly, had stolen thousands of dollars from his bank account during the past several years.
This is the second charge the two have faced within the past week. Vincent Noffleo, the man who replaced the Halls as pastor of Faithful and True Ministries, said the couple had threatened and followed him since he had assumed leadership of the Groveland church.
Full Article and Source:
Report: Lake County Pastors Charged With Grand Theft, Accused of Bilking Elderly Man
The 80-year-old man said Linda Hall and her husband, Shelly, had stolen thousands of dollars from his bank account during the past several years.
This is the second charge the two have faced within the past week. Vincent Noffleo, the man who replaced the Halls as pastor of Faithful and True Ministries, said the couple had threatened and followed him since he had assumed leadership of the Groveland church.
Full Article and Source:
Report: Lake County Pastors Charged With Grand Theft, Accused of Bilking Elderly Man
Friday, July 9, 2010
Robert Butler, Who Coined 'Ageism' Passes
Dr. Robert Butler, a Pulitzer Prize-winning expert on aging who coined the phrase "ageism," has died in New York City, his daughter said. He was 83.
He died Sunday of leukemia at Mount Sinai Medical Center, Christine Butler said.
Butler, a gerontologist and psychiatrist, was the founding director of the National Institute on Aging, one of the National Institutes of Health. He wrote several books on aging, including the 1976 Pulitzer-winning "Why Survive: Being Old in America."
Butler coined the term "ageism," or age discrimination, in 1968, and led a task force that analyzed the impact of age prejudice in a 2006 report, "Ageism in America." It addressed age discrimination in the workplace, elder abuse and the media's role in perpetrating such bias.
Full Article and Source:
Robert Butler, Who Coined 'Ageism' Dies at 83
He died Sunday of leukemia at Mount Sinai Medical Center, Christine Butler said.
Butler, a gerontologist and psychiatrist, was the founding director of the National Institute on Aging, one of the National Institutes of Health. He wrote several books on aging, including the 1976 Pulitzer-winning "Why Survive: Being Old in America."
Butler coined the term "ageism," or age discrimination, in 1968, and led a task force that analyzed the impact of age prejudice in a 2006 report, "Ageism in America." It addressed age discrimination in the workplace, elder abuse and the media's role in perpetrating such bias.
Full Article and Source:
Robert Butler, Who Coined 'Ageism' Dies at 83
CT Probate Court Projects Surplus
After five years of running deficits, Connecticut's down-sized probate system has reported a new budget that projects returning a modest $3 million to state government 12 months from now.
The $30.4 million plan reported to the General Assembly and Gov. M. Jodi Rell last week marks the first budget reflecting the dramatic consolidation ordered last year to reverse financial woes plaguing the probate system.
"One of the great benefits of the restructuring is it will give far greater stability to the system," said Judge Paul J. Knierim of Simsbury, the probate court administrator. The plan reduces 117 court districts to 54, starting Jan. 1.
Though the consolidation is the highlight of the new budget for the fiscal year that began July 1, the system, which spent about $37 million last fiscal year, has undertaken several steps to end its run of deficits, Knierim said.
Connecticut's probate court judges froze salaries for themselves and their staffs voluntarily last year. And under the consolidation ordered by the legislature, judges' salaries now are based on their caseloads, capped at 75 percent of the annual pay of a Superior Court judge. Based on current rates, top pay for a probate judge now is $110,085.
Knierim's office has frozen two vacant positions, and cut data processing, maintenance and mileage reimbursement accounts.
The new probate court budget is supported with nearly $12.5 million from the state's general fund, including a first-ever allocation of $8.75 million for general operating costs.
Knierim said it's too soon to tell whether the probate courts will be self-sustaining in the long-term under the new system. But with a $3 million surplus projected for 2010-11, and early estimates for $2.8 million in savings just from court consolidation alone in 2011-12, the potential is there to reduce the need for general fund dollars down the road.
Full Article and Source:
Probate Courts Project First Budge Surplus in Five Years
The $30.4 million plan reported to the General Assembly and Gov. M. Jodi Rell last week marks the first budget reflecting the dramatic consolidation ordered last year to reverse financial woes plaguing the probate system.
"One of the great benefits of the restructuring is it will give far greater stability to the system," said Judge Paul J. Knierim of Simsbury, the probate court administrator. The plan reduces 117 court districts to 54, starting Jan. 1.
Though the consolidation is the highlight of the new budget for the fiscal year that began July 1, the system, which spent about $37 million last fiscal year, has undertaken several steps to end its run of deficits, Knierim said.
Connecticut's probate court judges froze salaries for themselves and their staffs voluntarily last year. And under the consolidation ordered by the legislature, judges' salaries now are based on their caseloads, capped at 75 percent of the annual pay of a Superior Court judge. Based on current rates, top pay for a probate judge now is $110,085.
Knierim's office has frozen two vacant positions, and cut data processing, maintenance and mileage reimbursement accounts.
The new probate court budget is supported with nearly $12.5 million from the state's general fund, including a first-ever allocation of $8.75 million for general operating costs.
Knierim said it's too soon to tell whether the probate courts will be self-sustaining in the long-term under the new system. But with a $3 million surplus projected for 2010-11, and early estimates for $2.8 million in savings just from court consolidation alone in 2011-12, the potential is there to reduce the need for general fund dollars down the road.
Full Article and Source:
Probate Courts Project First Budge Surplus in Five Years
Thursday, July 8, 2010
Wednesday, July 7, 2010
Lawyer and His Wife Indicted For Stealing From Vets
A Houston lawyer and his wife were indicted on allegations that they conspired to steal $2 million from military veterans.
Joe Phillips, 71, and Dorothy Phillips, 70, surrendered to authorities on Tuesday.
A Houston grand jury charged the couple with conspiracy, misappropriation of a fiduciary, making materially false statements to a federal agency, and tax fraud.
Joe was appointed as the legal guardian and fiduciary for a number of veterans deemed "incompetent", according to a Texas Attorney General's Office statement.
Dorothy served as Joe's legal assistant and office manager at his law firm.
Joe's duty was to operate and maintain the bank accounts of the veterans to receive payments from the VA and SSA for ordinary and customary living expenses.
Both Joe and Dorothy are accused of stealing the money from those accounts by transferring funds to Joe's personal account.
This began in Jan 2003 and ended in Feb 2008, according to the statement.
The tax fraud charge carries a maximum three year prison sentence while every other individual offense carries a maximum five-year prison sentence.
If found guilty, the Phillips may have to pay a $250,000 fine and restitution.
Full Article and Source:
Elderly Couple Steals $2m from Vets
Joe Phillips, 71, and Dorothy Phillips, 70, surrendered to authorities on Tuesday.
A Houston grand jury charged the couple with conspiracy, misappropriation of a fiduciary, making materially false statements to a federal agency, and tax fraud.
Joe was appointed as the legal guardian and fiduciary for a number of veterans deemed "incompetent", according to a Texas Attorney General's Office statement.
Dorothy served as Joe's legal assistant and office manager at his law firm.
Joe's duty was to operate and maintain the bank accounts of the veterans to receive payments from the VA and SSA for ordinary and customary living expenses.
Both Joe and Dorothy are accused of stealing the money from those accounts by transferring funds to Joe's personal account.
This began in Jan 2003 and ended in Feb 2008, according to the statement.
The tax fraud charge carries a maximum three year prison sentence while every other individual offense carries a maximum five-year prison sentence.
If found guilty, the Phillips may have to pay a $250,000 fine and restitution.
Full Article and Source:
Elderly Couple Steals $2m from Vets
Tuesday, July 6, 2010
Lawyer Receives Probation for Theft
A lawyer who had a 44-year career in the law has been sentenced to probation in Lucas County Common Pleas Court and ordered to pay more than $26,000 in restitution to clients from whom he stole.William A. Garrett, 69, of Sylvania was sentenced to five years' probation, including 60 days in the Correctional Treatment Facility and 30 days on electronic monitoring. He also was ordered to pay restitution.
Garrett told Judge Gary Cook he was "extremely depressed" and took up alcohol as a way of self-medicating. He said that his drinking led to other problems.
"I don't know how I could have violated the trust of the people, the trust of my clients, and the trust of my good work over 44 years," he said.
Full Article and Source:
Lawyer Receives Probation for Theft
Monday, July 5, 2010
Supreme Court of Georgia Bars Judge From the Bench
The Supreme Court of Georgia ordered the permanent removal of a Twiggs County probate judge from the bench and barred him from ever holding or seeking judicial office.
In an 11-page ruling, the court unanimously found that Twiggs County Probate Judge Kenneth E. Fowler had violated the state's judicial canon of ethics and that his conduct "shows that he is simply unwilling to live up to his legal and ethical responsibilities as a judge."
The high court also dismissed Fowler's contentions that any judicial misconduct in which he may have engaged stemmed from unintentional errors and a lack of legal education. Fowler has a high school education, which is all that the state mandates for probate judges in its less populated counties. Instead, the Supreme Court found that Fowler had demonstrated judicial incompetence, disregarded the law, taken actions that eroded public trust and confidence in the judiciary, engaged in behavior inappropriate for a judge and showed a lack of judicial decorum and temperament.
After a year-long investigation of Fowler that began in 2008 following several complaints about his demeanor on the bench, the JQC filed charges against the Twiggs County judge in 2009.
In Georgia counties with populations of less than 100,000, probate judges are not required to have either a college degree, a law degree or a license to practice law. They have the authority to rule on misdemeanor offenses and traffic citations; fine defendants, sentence them and place them on probation or in jail; probate wills and rule on the division of personal estates; appoint guardians; and issue involuntary commitments to the state's mental institutions.
In April, the JQC recommended to the state Supreme Court that Fowler be removed from office and barred from seeking or holding any judicial post.
That recommendation was awaiting action by the high court when the JQC filed an emergency petition asking that Fowler, who had remained on the bench, be suspended immediately, claiming he had retaliated against two probation officers assigned to his Twiggs County courtroom who had testified against him at the JQC hearing.
Full Article and Source:
Barred From Bench, Judge Blames Lack of Education for Ethics Errors
In an 11-page ruling, the court unanimously found that Twiggs County Probate Judge Kenneth E. Fowler had violated the state's judicial canon of ethics and that his conduct "shows that he is simply unwilling to live up to his legal and ethical responsibilities as a judge."
The high court also dismissed Fowler's contentions that any judicial misconduct in which he may have engaged stemmed from unintentional errors and a lack of legal education. Fowler has a high school education, which is all that the state mandates for probate judges in its less populated counties. Instead, the Supreme Court found that Fowler had demonstrated judicial incompetence, disregarded the law, taken actions that eroded public trust and confidence in the judiciary, engaged in behavior inappropriate for a judge and showed a lack of judicial decorum and temperament.
After a year-long investigation of Fowler that began in 2008 following several complaints about his demeanor on the bench, the JQC filed charges against the Twiggs County judge in 2009.
In Georgia counties with populations of less than 100,000, probate judges are not required to have either a college degree, a law degree or a license to practice law. They have the authority to rule on misdemeanor offenses and traffic citations; fine defendants, sentence them and place them on probation or in jail; probate wills and rule on the division of personal estates; appoint guardians; and issue involuntary commitments to the state's mental institutions.
In April, the JQC recommended to the state Supreme Court that Fowler be removed from office and barred from seeking or holding any judicial post.
That recommendation was awaiting action by the high court when the JQC filed an emergency petition asking that Fowler, who had remained on the bench, be suspended immediately, claiming he had retaliated against two probation officers assigned to his Twiggs County courtroom who had testified against him at the JQC hearing.
Full Article and Source:
Barred From Bench, Judge Blames Lack of Education for Ethics Errors
Attorney and Wife Arrested for Theft and Fraud
A week after arresting a Kissimmee attorney on charges of theft and fraud, authorities took the attorney's spouse into custody on a related charge.
Osceola County Sheriff's detectives arrested Ross Littlefield and charged him with grand theft. Littlefield's wife, Linda, was recently arrested for grand theft and fraudulent use of a credit card after a client came forward with fraud allegations. In court on Wednesday, a judge ruled that Linda Littlefied would be allowed to take off her ankle monitoring system that she has had on since her arrest. Ross Littlefield bonded out of jail on Wednesday.
Detectives said Ross Littlefield owns the Littlefield Law Group office with his wife and had oversight over the trust fund for the victim. Detectives say they discovered he was aware of the fraud and authorized the payments for the fraudulent charges from the victim's trust fund.
Full Article and Source:
Kissimmee Duo Under Investigation for Theft
Osceola County Sheriff's detectives arrested Ross Littlefield and charged him with grand theft. Littlefield's wife, Linda, was recently arrested for grand theft and fraudulent use of a credit card after a client came forward with fraud allegations. In court on Wednesday, a judge ruled that Linda Littlefied would be allowed to take off her ankle monitoring system that she has had on since her arrest. Ross Littlefield bonded out of jail on Wednesday.
Detectives said Ross Littlefield owns the Littlefield Law Group office with his wife and had oversight over the trust fund for the victim. Detectives say they discovered he was aware of the fraud and authorized the payments for the fraudulent charges from the victim's trust fund.
Full Article and Source:
Kissimmee Duo Under Investigation for Theft
Sunday, July 4, 2010
Sensitive Information Regarding D.C. Vulnerable Compromised
Sensitive information of some of the District's must vulnerable residents, including abused and neglected elderly and disabled citizens, was left in a haphazard and unsecured mess at a city office, the D.C. inspector general has found.The District's Adult Protective Services division is tasked with "investigating reports of abuse, neglect, and exploitation of frail, elderly and disabled adults," according to the inspector general's report.
But the APS's case files -- which include clients' statements, Social Security numbers, health records, and the names of those who reported abuse -- were left "unorganized lying on unattended desks, in open boxes, and in carts waiting to filed" in a storage room," the IG found.
And the storage room was often left open and unlocked because it was used by city employees "as a thoroughfare" to reach exits and restrooms. City employees from a different department and who weren't authorized to look at the records had easy access to the files, according to the IG.
The report is the third the inspector general has issued in little more than a year that details how a city agency has failed to safeguard city records.
Full Article and Source:
Records of D.C.'s Abused,Elderly and Disabled Found at Risk
Medical Professionals to Try to Spot Elderly Fraud Victims
State regulators, social service workers and several medical organizations are teaming up to help health care providers identify and protect older patients who are vulnerable to financial abuse and scams.
"Our goal is to improve the communication among medical professionals, older Americans, (their) adult children and state securities regulators in order to head off financial swindles before the damage is done," said Don Blandin, president of the Investor Protection Trust, one of the groups behind the new campaign.
The effort to curb the financial exploitation of seniors was announced on World Elder Abuse Awareness Day. It comes as a new survey by the trust shows that one in five Americans over age 65 - more than 7.3 million people - reported being victimized in a financial swindle at some point in their life.
In fact, the survey of more than 2,000 adults found that half of older Americans were ripe for potential financial victimization. For example, of 590 respondents age 65 and older, 37 percent reported being solicited by phone for money, while 16 percent said they weren't confident making big financial decisions by themselves.
Elder financial abuse can assume many forms, including telemarketing or mail fraud, contracting and repair scams, or bad advice from financial services professionals such as insurance salesmen and accountants. It can also include identity theft, abuse of guardianship or even Medicare fraud.
Full Article and Source:
Medical Professionals Will Try to Spot Elderly Fraud Victims
"Our goal is to improve the communication among medical professionals, older Americans, (their) adult children and state securities regulators in order to head off financial swindles before the damage is done," said Don Blandin, president of the Investor Protection Trust, one of the groups behind the new campaign.
The effort to curb the financial exploitation of seniors was announced on World Elder Abuse Awareness Day. It comes as a new survey by the trust shows that one in five Americans over age 65 - more than 7.3 million people - reported being victimized in a financial swindle at some point in their life.
In fact, the survey of more than 2,000 adults found that half of older Americans were ripe for potential financial victimization. For example, of 590 respondents age 65 and older, 37 percent reported being solicited by phone for money, while 16 percent said they weren't confident making big financial decisions by themselves.
Elder financial abuse can assume many forms, including telemarketing or mail fraud, contracting and repair scams, or bad advice from financial services professionals such as insurance salesmen and accountants. It can also include identity theft, abuse of guardianship or even Medicare fraud.
Full Article and Source:
Medical Professionals Will Try to Spot Elderly Fraud Victims