Best Practice Model...NOT!

While researching a completely different aspect of my grandmother's case, I came across a very interesting article that was written by Mary Quinn who happens to be the Director of Probate Services for the San Francisco Superior Court.  Ms. Quinn's article was published by the NCPEA..National Committee for the Prevention of Elder Abuse and touted as a "BEST PRACTICE MODEL".

        "Probate Court Mediation Project

            by Mary Quinn

In July 1998, San Francisco's Superior Court initiated a mediation program to resolve conflicts related to trusts and estates of decedents. The mediators are experienced probate attorneys who agree to do the mediations. In selected cases, the judge formally orders the 2 parties into mediation. Building upon the success of the program (80% of the cases were mediated successfully), the court started a second mediation panel for guardianships of children and conservatorships of adults. The court selected and met with 20 local probate attorneys who agreed to serve without pay. The attorneys were provided with 4 days of training. Over twenty cases have been mediated with a success rate of 95%. Litigation has been avoided in a number of cases. In one case, conservatorship was avoided completely. The guardianship and conservatorship cases are closely monitored by the Court and an attorney is appointed for every child or elder. Only certain issues are considered appropriate for mediation, including certain cases involving elder abuse and neglect. If abuse and neglect is discovered while mediation is in progress, court appointed attorneys are charged with immediately informing the Court."

I spoke with Ms. Quinn several months ago because I was looking for a copy of a document I signed on October 19, 2009 at the end of the mediation session.  In SF Superior Court, upon the completion of mediation, the parties to the mediation must sign a document that basically recaps the mediaiton experience.  Did the mediation resolve all issues, some issues, none of the issues, etc.?  I did not have a copy so I contacted Ms. Quinn in order to get a copy from her.  After checking on my request for this document, she seemed surprised that the document was not in the file.

The parties to the mediation indicated that the mediation resolved ALL the issues in the case.  So then why are we still here?

Is it a surprise that the document disappeared from the file?  DEFINITELY NOT!

I just checked the Superior Court website and learned that a new and improved document now exists.  A surprise?   NOT!

The lies, the cover-ups, the blatant disregard for my grandmother's wishes, fears and dignity are incomprehensible!

Best Practice Model...NOT!



Back to my research...stay tuned....the next post will be a doozey!