10-08-2024
We’re Here to Help: When Guardianship Goes Wrong with Author ‘Diane Dimond’- Can ADR Help?
I was privileged to engage in a stimulating and thought-provoking conversation with Diane Dimond, a multiple award-winning freelance journalist, author, syndicated columnist, and former television correspondent who specialises in crime and justice issues, on Expert Views on ADR (EVA) Vid / Podcast Show.
She wears many hats, so I have left the link to her profile: https://www.linkedin.com/in/dianedimond
In this episode, Chinwe provided valuable insights into ‘We're Here to Help: When Guardianship Goes Wrong’ and offered a clear definition of mediation. She conducted thorough research using primary and secondary resources, including email interviews and analysis of articles and books. The interviews were conducted with leaders in the legal and alternative dispute resolution (ADR) field to assess the viability of ADR in settling guardianship or conservatorship cases.
Based on the research, Chinwe concluded that Appropriate Dispute Resolution (ADR), specifically Early Dispute Resolution (EDR) and mediation, could be effective in such cases. She emphasised the 'special considerations' that mediators must consider when mediating such disputes. Diane also provided insights into the motivations behind writing the #book .
Furthermore, we explored the absence of #laws allowing guardianship or conservatorship cases to be resolved through ADR before proceeding to the courts. We also examined why the law permits individuals other than family members to assume responsibility for vulnerable individuals and highlighted cases where guardianship was considered necessary but not granted. Diane revealed that there are lots of lovely people in the system, but for the predators, it is all about the money. For example (see chapter 11 of the book), for the judge to keep the case of Eric Kramer, an NFL Quarterback player, open, they had a hearing on whether or not there should be a guardianship or whether the girlfriend was stealing money from him. She revealed that every time there was a hearing, it cost Eric Kramer's confiscated money; it is imperative to state that the courts get all his money every hearing.
According to Diane, it cost about $88,000, equivalent to 69,117.19 pounds sterling, and there were multiple hearings every single month for years. Eric revealed to her that this caused him to lose a lot of money. He estimates that he lost about $800,000, equivalent to 628,338.08 Pound sterling, in the court system without receiving the protection he needed. This raises a significant question: Are such practices in the court legal? Unfortunately, Diane revealed that they are because the person in the middle of all this, the ward of the court, is incapacitated and, therefore, unable to hire their own lawyer to fight for them (See Chapter 11 and Chapter 6). We also discussed how guardianship focuses on financial gain for some within the system, yet we acknowledged the presence of many compassionate individuals within the system. Diane also pointed out that guardianship can be used as a tactic to force the end of marriages (see Chapter 9).
For instance, some men may want to divorce their wives, but their wives do not want to be #divorced. In these cases, their lawyers may recommend obtaining #guardianship over the wife, making it difficult for her to hire a lawyer to contest the divorce. Diane emphasised that this practice is legal because it is carried out under the guise of a court order (See Chapter 9 of the book for more details).
In further support of the previous point, she highlighted specific examples demonstrating how families have been negatively impacted by the extensive powers wielded by #guardians. For instance, guardians can ban any family member causing problems, and pursuing legal options to resolve these disagreements may not be financially feasible for many individuals.
📌 Description contd's in the EVA #blog
https://blogs.brighton.ac.uk/chinwe/2024/08/10/2694/
#adr #usa
