Posted: Friday, 4 January 2019 @ 13:43
Some interesting research on the benefits of mediation in the Court of Protection by Charlotte May who is the Team Leader of the Dispute Resolution and Adult Care Team in the Legal Department at Wiltshire Council, where she has specialised in adult social care legal advice for over 10 years.
Her reports states: "The success rate in the reported cases was high, with 78% of reported cases reaching an agreement either during or following mediation. Written agreement was reached in 52% of cases, with a further 19% achieving written agreement following the mediation. Oral rather than written agreement was reached in 7% of cases. In 22% of cases there was no agreement. In most of those where an agreement was reached (59%), the terms of agreement were incorporated into a court order.
Reasons for lack of agreement being reached included entrenched positions, too many parties and too little time, and the existence of allegations of financial abuse and fraud.
Examples given of approximate cost savings were between £6,000 and £30,000 – the exact savings depended on length of case and when in the proceedings the mediation took place, as well as estimates of savings of judicial and court staff time, and time of counsel and local authority professionals."