Integrating Mediation Techniques with Formal Tribunal Processes to

Advance the Protection and Welfare of Elderly Persons

Pam GoodmanJulie Ford

•QCAT established 2009•We do everything

•Elderly person with no capacity for decision making

•Guardians•Administrators•Enduring Powers of Attorney

Challenges•Need to comply with

legislation, procedural fairness, enforceable order

•Open hearings•Keeping parties on track•More scope for individualism

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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

How we do it•Actively manage hearings•Feels like a mediation

•Tailor made dispute resolution

Challenges•Natural justice, procedural

fairness, formal requirements•Public process•Need for consistency

Case study 1•Elderly man with younger wife•Applications lodged for

appointment of guardian and administrator

•Enduring Power of Attorney in place

Case study 1 cont.

•Short term order made•Final hearing resolved issues

Case Study 2

•Large family with complicated dynamics

•Elderly mother interstate and no contact

•Applications lodged at QCAT and in interstate Tribunal

Case study 2•Mediation skills used

•Applications must be heard, not simply processed

• 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