How does Court of Protection mediation work?

How does Court of Protection mediation work?

When parties decide to engage in mediation the first step is to find a suitable mediator, one who specialises in Court of Protection cases. The mediator will ask for some information about the case in order to decide whether the dispute is likely to be capable of resolution by mediation. When the mediator accepts the case s/he will usually ask to meet with the parties separately in order to understand what their point of view is and why they have reached the position they have. When that has been done the mediator will arrange the mediation and through discussion and negotiation will try to assist the parties to reach an agreement.

Information given in the mediation is confidential and cannot be disclosed outside of the mediation without the express consent of the parties to it. The discussion cannot be used later in the court process although the nature of a mediated decision may be communicated to the court. This enables parties to speak freely, to be more transparent which aids dispute resolution.  The mediator manages the process, engages with the parties, facilitates the necessary sessions and brings the matter, where ever possible, to a conclusion. The mediator may also draw up an agreement at the end of the mediation if one has been reached.

Mediation is a tried and tested means of dispute resolution. A large proportion of cases are resolved by mediation but should it not be possible to resolve all aspects of the problem, the issues can be narrowed down so that the court is left to decide fewer issues and at less cost.

If you are considering mediation and would like to speak to one of our trained mediators, contact georgina.rowley@hughjonessolicitors.co.uk or jenny.roberts@hughjonessolicitors.co.uk or telephone us on 0161 871 3680.