Yes, many disagreements in Court of Protection cases can benefit from skilled mediation.
In Court of Protection mediation, we can ensure that the person at the centre of the case is kept at the heart of the resolution process.
Mediation is a flexible and confidential process, which means that any process can be designed to facilitate the participation of a person who may lack capacity to make certain decisions, so that their voice, feelings, needs and wishes can be expressed and heard.
Mediation supports individuals, families, carers, social workers, care providers, local authorities, legal representatives and the Official Solicitor to agree mutually-acceptable resolutions to cases that are or have been in court proceedings.
Topics may include:
☑ care planning
☑ contact and visitation
☑ communication between family and professionals
☑ notice to withdraw provision of care
☑ capacity assessments
☑ best interests decisions
☑ change of residency
☑ discharge planning
☑ financial matters
☑ health and wellbeing of the cared-for person
☑ educational and developmental activities
☑ specialist training of staff / family
As a specialist health and social care mediator much of my day-day work involves undertaking Court of Protection mediations, and I have seen parties resolve entrenched disputes in relatively short periods of time – and restore working relationships effectively, for the benefit of the person at the centre of the case. Typically, the party-agreed mediation Agreement goes back to court as part of (or to signal an end to) legal proceedings.
❓ Have you had experience of Court of Protection mediation? What makes it work most effectively in your view? In what circumstances would mediation not be appropriate.
📕 Further reading – see ‘Reimagining the Court of Protection – Access to Justice in Mental Capacity Law’ by Jaime Lindsey – https://doi.org/10.1017/9781108993203
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