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Court of Protection Mediation

Members frequently appear in the Court of Protection in cases concerning capacity to consent, deputy disputes, health and welfare proceedings, along with property and affairs.”

Legal 500  2020
Court of Protection

St John’s Chambers offers a comprehensive and professional Court of Protection mediation service to clients. We have accredited mediators who combine their knowledge of mental capacity law and mental disability with a practical approach and reliable advice and judgment. We have undertaken cases raising novel issues of principle and practice, including issues relating to the Court of Protection Rules, costs, publicity, deputyship including both welfare and property and affairs deputies, and mediation in the Court of Protection.

Disputes can be resolved through mediation at any stage with savings in costs, uncertainty and stress. Earlier mediation can mean more savings, and can assist in resolving issues before they escalate into a more entrenched conflict. Mediation also allows the parties to preserve confidentiality and avoid publicity if they wish to do so.

Our comfortable, modern offices provide the ideal neutral environment to reach acceptable solutions to any dispute. The solution need not be, and often is not, an outcome that a judge might or could properly impose through a decision of the court. It can be a “win-win” solution.

Our 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.

When he was Vice President of the Court of Appeal, Sir Henry Brooke said (in the case of Dunnett v Railtrack [2002] EWCA Civ 302):

“Skilled mediators are now able to achieve results satisfactory to both parties in many cases that are quite beyond the power of the lawyers and courts to achieve.”

Areas of expertise:

  • Property and Affairs matters generally
  • Trusts
  • Gifts
  • Statutory wills
  • Allegations of financial abuse
  • Settlement and administration of personal injury awards
  • Deputyship issues – property and affairs and welfare deputies
  • LPAs and EPAs
  • Health and Welfare – best interests decisions
  • Medical treatment
  • Welfare decisions relating to care, residence, family contact
  • Deprivation of liberty issues

In addition to many of our barristers being qualified mediators, one of our Practice Manager, Robert Bocock, is also a qualified Mediator so can understand the issues of each dispute and recommend the best mediator for each client.

For further information or to discuss a suitable mediator for your dispute, please contact Robert Bocock.