Court of Protection Mediation
About our Court of Protection Service
National Dispute Resolution is the leading provider of Court of Protection mediation; having been the sole provider to the Office of the Public Guardians Mediation Pilot, providing mediators to the Court of Protection Pilot Scheme and offering the only specialist training in CoP mediation practice.
Our mediators have considerable knowledge and understanding not just of the relevant legislation and case law but direct and first hand understanding of front line practice and caring for those who need additional support.
We have developed our skill base in delivering just this type of mediation and ways in which mediation can promote the best interests of service users involved in disputes before or that may be about to be before the Court of Protection.
We have considerable experience in in this field including financial, residence & contact and best interest disputes.
Please call our friendly and knowledgeable clerks now on 01274 75400 to discuss your matter with us further.
In order to be eligible to sit on our Court of Protection mediation panel a mediator must meet the following minimum requirements;
- A detailed understanding of the Mental Capacity Act, the Care Act, the Mental Health Acts and relevant case law.
- 5 years of mental capacity or Court of Protection experience.
- Have passed NDR’s Court of Protection Mediation Training
- Up to date safeguarding training
- An enhanced DBS check
- Demonstrable skills in communication, compassion and suitability to conduct session that include or have the welfare of a vulnerable person at their centre. Proven by a series of interviews with our senior panel and referencing.
NDR has spent considerable time on ensuring that all of our CoP mediations incorporate the views of the person at the centre of the dispute.
In some cases it may be appropriate that P themself takes part in the session and we have made arrangements for this in a minority of cases that have included fluctuating capacity and cases where P is in direct dispute with their appointed deputy and has capacity in many areas but has been considered incapacitous for certain decisions.
In most cases we ensure that parties have considered P’s wishes and feelings and seek to include these by ensuring that relevant professionals and family members such as Statutory Advocates, RPR’s and carers can provide input to the session.
Overall the experience of our mediators ensures that they are able to keep P the central focus of the mediation session and subsequent agreement
In most Civil Mediations all areas are open for discussion and possible agreement.
Unfortunately this is not necessarily the case in Court of Protection disputes due to their very nature. Often there will be matters that have already been determined by the courts or are otherwise settled. Whilst the impact of these is still highly relevant, there is little opportunity for them to be changed due to court judgements etc.
As such NDR is aware of the need to set expectations on what can and cannot be agreed during the mediation session and will work with parties to consider what matters are required to be left to the court and which can be agreed between the parties.
Where there are current allegations of physical abuse then no mediation cannot proceed; the same applies where there are live criminal investigations of ANY ABUSE or criminal activity.
Financial abuse and past allegations of other abuse is a more difficult subject. We have seen through experience that many cases of financial abuse is the result of serious misunderstandings of the law particulary as to the remit of the role of an attorney/deputy and often in regards to gifting.
Likewise it is not uncommon for families to raise claims and counterclaims of abuse that once investigated; and found to be untrue are frequently resolved through mediation.
In cases that involve any allegation of abuse, past or present we highly recommend that you talk to us regarding the suitability as we considerable experience on assessing whether these cases are suitable for ADR.
Where there is disagreement or doubt as to whether P has capacity as to any decision this must be left to the Court to decide.
It is not appropriate for this to be mediated.
Some of the areas we have covered;
- Property and Affairs matters
- Statutory wills
- Allegations of financial abuse
- Settlement of personal injury awards
- Deputyship issues
- LPA’s and EPA’s
- Health and Welfare- Best Interest Decisions
- Medical treatment
- Welfare decisions relating to care, residence and contact
- Deprivation of liberty issues
- Treatment funding