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Elder Abuse Claims: Mediation or Litigation?

If you or a loved one have suffered elder abuse, you may be wondering what the best course of action is for elder abuse claims: mediation or litigation? There is no right or wrong answer to get your claim resolved, and the path you choose depends entirely on your needs.

Let’s take a look at the benefits of each resolution pathway.

Elder Abuse Mediation Benefits

The benefits of using mediation to resolve an elder abuse claim are as follows:

  • Both sides get to feel heard and can negotiate an agreement.
  • You can avoid the stress of court proceedings, as well as the unpredictable nature of a trial.
  • In many elder abuse cases, a family member stands accused. The entire family could suffer if the case gets taken to court. Mediation avoids that.
  • Some elder abuse cases can be difficult to prove, making mediation a good alternative.

Elder Abuse Litigation Benefits

The benefits of choosing litigation to handle an elder abuse claim are listed below:

  • You may feel a sense of justice that the accused has been “found guilty” and will be punished for the wrong he or she has done.
  • Negotiating with the abuser may just seem wrong to you, so litigation may be the best option.
  • Courts are starting to better understand elder abuse cases and will often return properties and financial assets an abuser has stolen.
  • If the abuser isn’t a family member, litigation may feel more appropriate.
  • With mediation, facing your abuser in court would most likely be necessary. This could be traumatic for some victims.

Help with an Elder Abuse Claim

Are you trying to decide between mediation and litigation for your elder abuse claim? Ultimately, you must do what feels right for you or your loved one. If you still can’t decide whether to go with mediation or litigation, an elder abuse lawyer can help you make an informed decision.

Discuss your elder abuse claim with The Kindley Firm, APC, by calling 619-550-1313 or completing the form below. We will discuss your case with you during a confidential and free case review.



  • No fees unless we win
  • No obligation to continue beyond the case review
  • Get all your legal questions answered
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