Contact our Mediation Information Helpline.

Mediation Helpline

About Court of Protection mediation.

The Court of Protection is a specialist Court which protects the interests of people who have lost their mental capacity and are therefore unable to manage their own affairs. The Court has the power to appoint a 'Deputy' to deal with property and financial affairs and in some instances the health and personal welfare of the person who is no longer able to make their own decisions. When a dispute arises in relation to a vulnerable person's affairs, the Court of Protection has the jurisdiction to get involved and resolve those disputes.

The aim of mediating a dispute that has been issued in the Court of Protection is to explore whether the parties can reach an agreement about what is in P's best interests and put this before the Court for approval (so the agreement becomes a Court order), rather than proceed to a contested trial. This means that the parties must agree firstly on the issues in dispute and secondly, about what information from the confidential mediation can be shared with the Court.

When parties decide to engage in mediation the first step is to find a suitable mediator, one who specialises in Court of Protection cases. The mediator will ask for some information about the case to decide whether the dispute is likely to be capable of resolution by mediation. When the mediator accepts the case s/he will usually ask to meet with the parties separately to understand what their point of view is and why they have reached the position they have. When that has been done the mediator will arrange the mediation and through discussion and negotiation will try to assist the parties to reach an agreement.

Information given in the mediation is confidential and cannot be disclosed outside of the mediation without the express consent of the parties to it. The discussion cannot be used later in the court process although the nature of a mediated decision may be communicated to the court. This enables parties to speak freely, to be more transparent which aids dispute resolution. The mediator manages the process, engages with the parties, facilitates the necessary sessions, and brings the matter, wherever possible, to a conclusion. The mediator may also draw up an agreement at the end of the mediation if one has been reached.

Mediation in the Court of Protection is different from almost any other form of mediation because the parties are mediating about a third party, who will in most cases, not have capacity to enter into a mediation agreement. This means that the mediator must have expertise in the field of mental capacity to ensure that the agreement the parties reach is likely to be approved by the Court as being in the best interests of the party concerned.

Why Choose Wright Mediation?

Our trained and accredited mediators are independent, and objective and this confidential, non-judgmental process helps the parties to determine an outcome that is mutually acceptable. Mediators will ask questions to try and clarify the issues and build effective communication between the parties to help resolve the dispute. Mediation does not involve the mediator telling the participants the answer; rather the mediator assists the parties to find a mutually suitable solution.

The benefits of mediating include:-
- Parties get a chance to hear and be heard whilst gaining an understating of the other points of view.
- Parties make the decisions themselves there is no judge stipulate what will happen.
- As the settlement is in the parties' hands, it can bring peace within family disputes as often family relationships need to be maintain after mediation has taken place, and the decision has not been forced on them by a Judge.
- Parties can save an enormous amount of time, energy, and expense.
- Parties entering into voluntary agreements through mediation are far more likely to adhere to and fulfil commitments made in such agreements.
- Mediation meetings are kept confidential.

Wright Mediation are part of the court of protection scheme.

Many Court of Protection cases are eminently suitable for mediation, and a speedy and cost-effective resolution at mediation is usually not only in P's best interests but also the best interests of all other parties involved in the dispute.

We are part of the court of protection scheme. Full details of the Scheme can be found on its website which can be found here:

All our Court of Protection mediator have:
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.
c. 2 years of COP experience.
d. Knowledge of safeguarding.
e. Suitable Professional Indemnity Insurance.
f. Is compliant with GDPR.

Mediation Helpline.

Wright Mediation information helpline: - Available 24 hours 7 days a week for general advice and guidance related to all Mediation queries.

Our mediation helpline can be accessed 24 hours a day 7 days a week with an accredited and register Mediator on the line. This could be for advice, support or guidance related to family, youth, neighbourhood, commercial, generational, workplace or civil mediation.

Email [email protected] or call 01604 345 756 / 07909 690 347.