My Mother Is In The Early Stages of Dementia. How Can She Be A Party To This?

The mediator will screen for the capacity to mediate to insure that the party understands the nature of the mediation process, assess options and make and keep an agreement. However, capacity is not an “all or nothing” phenomenon, and capacity can fluctuate over time. The mediator will strive to enhance a party’s capacity so that the mediation can involve the elder person even if she is not always completely lucid. For example, it is likely that a person has periods in the day when she is more clear, and the mediation would be scheduled during such periods.