Mediation in the Court of ProtectionA nationwide pilot mediation scheme is being run from 1 October 2019, to evaluate the impact of mediation on Court of Protection proceedings.
Mediation is a voluntary process in which an impartial third party, a mediator, facilitates the resolution of a dispute with the aim of the parties coming to an agreement to narrow or settle their dispute.
A mediator facilitates communication, promotes understanding, focuses the parties on their interests, and engages the parties in creative problem-solving to enable them to reach their own agreement.
The aim of mediation
The Pilot Scheme
While mediation is used to resolve disputes where proceedings have been issued in the Court of Protection, there has been little research into the effectiveness of it. However, in 2017 initial research findings on CoP mediation in the UK resulted in a working group being set up with a view to establishing a COP mediation scheme.
We anticipate that the scheme will run for around a year to eighteen months (start date 1 October 2019). It will be formally evaluated by academics at the University of Essex, led by Dr Jaime Lindsey. The evaluation has a clear set of objectives.
If you have a general question about the pilot, please get in touch with Holly Mieville-Hawkins at Enable Law in the first instance.