Mediation is an informal way of resolving disputes by negotiation and conciliation. It seeks to resolve disputes through discussion allowing parties to understand each other’s point of view in order to facilitate compromise and agreement.
Mediation in Court of Protection cases
The Court of Protection recognises the benefits of mediation and promotes mediation as a suitable alternative to full court proceedings. The Court of Protection will encourage both parties in a dispute to consider and engage in mediation where the case is suitable, and will sometimes put a case on hold to enable this.
The Mental Capacity Act Code of Practice (Chapter 15):
15.7 A mediator helps people to come to an agreement that is acceptable to all parties. Mediation can help solve a problem at an early stage. It offers a wider range of solutions than the court can – and it may be less stressful for all parties, more cost-effective and quicker. People who come to an agreement through mediation are more likely to keep to it, because they have taken part in decision-making.
15.8 Mediators are independent. They have no personal interest in the outcome of a case. They do not make decisions or impose solutions. The mediator will decide whether the case is suitable for mediation. They will consider the likely chances of success and the need to protect the interests of the person who lacks capacity.
15.9 Any case that can be settled through negotiation is likely to benefit from mediation. It is most suitable when people are not communicating well or not understanding each other’s point of view. It can improve relationships and stop future disputes, so it is a good option when it is in the person’s interests for people to have a good relationship in the future.’
If you are considering mediation and would like to speak to one our trained mediator, contact jenny.roberts@hughjonessolicitors.co.uk or telephone us on 0161 871 3680.