LocalGovernmentLawyer Adult Social Care 2017 21 To what extent are those who deal with a range of Court of Protection disputes aware of the benefits and risks of mediation? Partially aware 70.8% Not aware at all 25.0% Completely aware 4.2% Where P lacks capacity to express wishes and feelings regarding the issues being mediated, what is the most appropriate way for P’s best interests be represented during the mediation? Response Percent Advocate 32.0% Litigation Friend 28.0% Solicitor 24.0% Family 4.0% Friend 4.0% Carer 0.0% Other 8.0% In addition to accredited mediation training, what specialist knowledge and experience should mediators have? Mental Capacity Act 88.0% Capacity 84.0% Court of Protection 80.0% Understanding family dynamics 64.0% Safeguarding 56.0% Dementia 52.0% Health and community care issues 48.0% Learning disability 44.0% Abuse 44.0% The ageing process and dynamics of ageing 36.0% Other 28.0% Case Studies Section two asks for information about case studies in relation to the types of issues mediated, funding, success rates, benefits and advantages, challenges and frustrations and costs savings . Below are some initial findings taken from the information of the 27 case studies submitted What was your role regarding the mediation? Mediator 46.4% Solicitor 35.7% Barrister 14.3% Local authority officer 7.1% Did the court order mediation? No 64.3% Yes 35.7% If yes, what did the court order the parties to do? Attend and/or participate in mediation 61.5% Consider mediation or ADR 7.7% Other 30.8% What were the issues to be mediated? Residence 59.3% Care arrangements 55.6% Contact 44.4% Finance and property 29.6% Power of Attorney 22.2% Deputyship 22.2% Holidays 14.8% Deprivation of Liberty 11.1% Medical treatment 7.4% Statutory wills 7.4% Withdrawal of life-sustaining medical treatment 0.0% Other 14.8% When did the mediation take place? During proceedings 66.7% Before proceedings Commenced 29.6% After proceedings 3.7% A mediator dealing with Court of Protection disputes will need to consider whether P has capacity to 'participate' in mediation directly by attending in person or with a form of support. Support may be in the form of a support person or representative such as an advocate, lawyer, family member or caregiver, or in the form of physical and/or other accommodations. In this case study did P have capacity to participate either directly by attending in person or with support? No they didn't participate 78.9% Yes with support but they did not attend 21.1% Yes without support 0.0% Yes with support and they Attended 0.0% If yes with support, how was P supported to participate in the mediation? Official Solicitor 62.5% Relevant Person's Representative 12.5% Paid representative 12.5% Litigation friend 0.0% Registered intermediary 0.0% Advocate 0.0% Communication aids 0.0% Adjustments to time or Venue 0.0% Other 25.0% Were P's wishes and feelings about the issue being mediated able to be conveyed by P or on P's behalf? Yes 59.3% No 40.7% If yes, how were P's wishes and feelings made known? Please tick all which apply. Family 36.4% Legal representative 27.3% Social work professional 27.3% Advocate 18.2% Relevant Person's Representative 18.2% Health professional 9.1% Directly 0.0% Paid representative 0.0% Carer 0.0% Registered intermediary 0.0% Other 18.2% Was P represented at the mediation? No 58.3% Yes 41.7% How was the mediation conducted? By sole mediator 57.1% Pre-mediation telephone Calls 53.6% Full day 46.4% Shuttle mediation 39.3% Round table meeting (RTM) 28.6% Combination of RTM and shuttle mediation 28.6% Pre-mediation meetings 21.4% Half day 10.7% Telephone mediation 7.1% By co-mediators 7.1% Series of meetings over a period of time 7.1% Other 17.9% How was the mediation funded? Shared between the parties 48.1% Local authority paid all costs 37.0% Contribution from Legal Aid Agency 14.8% Health body paid all costs 7.4% Other 7.4% Was an agreement reached? Yes – written agreement signed on the day 51.9% No 22.2% Yes – written agreement after the mediation 18.5% Yes – verbal agreement 7.4% If Yes, were the terms of the agreement incorporated into a court order? Yes 59.1% No 40.9%