Criteria for a Court of Protection Mediator
We consider that the following criteria are essential for a Court of Protection mediator:
a. A qualification from a reputable mediation training organisation together with evidence of having mediated at least two cases in the last twelve months.
b. 5 years of mental capacity or COP experience. For non-lawyers this includes training in the assessment of mental capacity and best interests together with experience of applying this training in practice; appearing as witnesses or expert witnesses in COP cases; applying knowledge of mental capacity law in mediations or in teaching. For lawyers it includes advising and representing parties in COP cases.
c. Alternatively, 2 years of COP experience together with attendance on the Law Society’s Mental Capacity and Welfare Training Course run by City University (which is open to non-lawyers).
d. Knowledge of safeguarding (which can be evidenced by taking an on-line training module such as the Social Care Institute for Excellence’s Safeguarding Adults training or IHASCO’s training.)
e. Suitable Professional Indemnity Insurance.
f. Is compliant with GDPR.
All the mediators HERE have confirmed that they meet the above criteria and have at least 5 years’ experience of working within Mental Capacity Law, and have taken undertaking relevant safeguarding training.
They have also agreed to carry out mediations under the scheme for a reduced fee of £100.80ph plus travel.
If you have a general question about the pilot, please get in touch with Holly Mieville-Hawkins at Enable Law in the first instance.