Evaluation of Mediation in the Court of Protection

This report provides an independent evaluation of a practitioner-led Court of Protection (‘CoP’) mediation scheme (the ‘Scheme’), which commenced on 1 October 2019 by a Working Group of practitioners on Mediation in the CoP (the ‘Working Group’), with the knowledge and support of the senior judiciary of the CoP, albeit the Scheme is not court-authorised. The Scheme came to an end on 2 July 2021 and this report outlines the key findings of the evaluation of the Scheme. The Working Group are experts in mental capacity law and the CoP, which is the court that deals with disputes under the Mental Capacity Act 2005 (‘MCA’). Many Working Group members also have experience of or an interest in mediation. The Scheme covers post-issue cases in the CoP.