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Determining Competency and Capacity in Mediation (2022)

Determining Competency and Capacity in Mediation (2022)
Presented by the SBNM Alternative Dispute Resolution Committee

Credits : 2.0 G

Originally presented on November 30, 2022

As the population ages, mediators are likely to encounter mediation participants at various points along the spectrum of diminished capacity. In order to provide a quality mediation experience for elderly parties, an understanding of the differing levels of mental capacity/competency required to engage in a variety of legal transactions can be helpful. The mental capacity to make a will differs from the capacity to execute a power of attorney, which differs from the capacity to enter into a contract such as a binding agreement in mediation.

This webinar will provide mediators with an understanding of capacity and competency in New Mexico law and will provide mediators with tips and strategies to prepare for and to provide a quality mediation process inclusive of elders with varying degrees of diminished capacity.

Speakers:
Presented by Lori Millet, J.D. LL.M., Master of Laws in Elder Law and a Mediator. Moderated by Tamara Couture, Esq., Co-Chair of the Alternative Dispute Resolution Committee of the State Bar of New Mexico