National Dispute Resolution has secured funding to run a research project on the success of mediation on disputes which fall under the jurisdiction of the Court of Protection.
This funding will allow us to offer our services free at point of access to parties based in the North of England. In order to participate, parties are simply required to fill in a brief questionnaire prior to and 6 weeks following the mediation session. Parties representatives will also be asked to complete a separate but similar questionnaire at the same time.
This research follows on from our Mediation Pilot for the Office of the Public Guardian. The overall outcome for that pilot was that mediation was highly beneficial for participants, but that parties were unlikely to be aware of the availability of mediation for matters that fell under the Mental Capacity Act 2005. As a result we now wish to look at the wider implications of mediation in the CoP. We are also aware of the the pilot due to take place in the South West and will seek to confirm our findings alongside this and any other current research.
In order to qualify for this funding the following must apply:
- The case would be heard by the Court of Protection or is currently before the Court
- The matter would be heard on the Northern Circuit
- In order to reduce venue costs you can travel to West Yorkshire to use our mediation suite or can provide the necessary rooms for the session
- None of the exclusion categories apply
For this project the following case types are excluded as they are currently considered unsuitable for Court of Protection mediation:
- DOLS Challenges where P is the only party challenging the deprivation of liberty
- Cases where there may be an overlap with the Inherent Jurisdiction
- Disputes purely regarding capacity of P
- Disputes where there are uninvestigated concerns regarding physical abuse (for claims of financial abuse review of the case may be needed before mediation can take place)
- Disputes over what the law is
- If any party other than P is unable to take part either in person or via the use of an appropriate litigation friend.
Please note that under this scheme there is no cost for the mediation to any party, including professional parties. The scheme is expected to run until the maximum number of sessions for the funding available have taken place, therefore early contact with NDR may be desirable.
In order to refer a case under this scheme please email our experienced mediation clerks at email@example.com or call us on 01274 754000 to discuss your case.