{"id":1838,"date":"2019-10-31T15:10:03","date_gmt":"2019-10-31T15:10:03","guid":{"rendered":"https:\/\/gardencourtmediation.co.uk\/?p=1838"},"modified":"2020-01-09T15:56:15","modified_gmt":"2020-01-09T15:56:15","slug":"court-of-protection-mediation-pilot","status":"publish","type":"post","link":"https:\/\/gardencourtmediation.co.uk\/court-of-protection-mediation-pilot\/","title":{"rendered":"Mediation pilot – Court of Protection"},"content":{"rendered":"

On 1st October 2019, a nationwide mediation pilot was launched to run for approximately 18 months for cases which have been issued in the Court of Protection. This was foreshadowed earlier in the year at the Roundtable<\/a> event. Dr Jaime Lindsey of the University of Essex will lead the independent, formal evaluation of how Court of Protection proceedings are impacted by mediation.<\/p>\n

The Court of Protection regularly makes best interests decisions for the person who lacks mental capacity (referred to as the protected party or \u2018P\u2019). Mediation in this context likewise focuses on P\u2019s best interests and explores with parties whether (i) there is agreement as to what issues are in dispute and (ii) what information can be shared with the court, given that mediation is a confidential process.<\/p>\n

The Court of Protection Rules encourage parties to use ADR if the court considers it appropriate under its case management powers (r 1.3(3)(h)) and the Rules make provision for pilot schemes (r 2.6). More information about the mediators on the panel and the guide to the scheme can be found here<\/a>. In order for the mediations to be evaluated, the mediators on the panel have agreed to mediate at a reduced hourly rate. The cost is still expected to be born equally between the parties.<\/p>\n

Whether the dispute is suitable for mediation is covered in the guide to the scheme. In any event, P\u2019s lack of mental capacity must have been established and P\u2019s wishes and feelings have been ascertained before a mediation can be considered. If agreement is reached via mediation, a number of steps will need to be taken to conclude proceedings and meet with court approval. The guide suggests the following categories of cases are potentially suitable for mediation:<\/p>\n