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4 - Mediating Disputes

Published online by Cambridge University Press:  17 September 2022

Jaime Lindsey
Affiliation:
University of Essex
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Summary

Chapter 4 explores the role of alternative dispute resolution, specifically mediation, in CoP proceedings, the first academic piece on this topic. The use of mediation in CoP practice is increasing and there is a trend towards mediation as the primary form of ADR in civil and family justice. In analysing the role of mediation in the CoP, the chapter draws on original empirical data to explore the views of professionals working in mental capacity law. In analysing this data, emphasis is placed on the embodied benefits of flexibly resolving disputes outside of the formalities of the courtroom, as well as the challenges involved in maintaining neutrality, trustworthiness and participation without judicial oversight. The chapter concludes that mediation has an important role to play as a complementary part of the toolkit of a reimagined CoP because it has the potential to provide an improvement in procedural justice. However, the legalism present in discussions of mediation in the empirical data is also highlighted, arguing that if mediation is going to secure an improvement in access to justice, then it needs to be driven by the parties rather than notions of justice predetermined by legal professionals.

Type
Chapter
Information
Reimagining the Court of Protection
Access to Justice in Mental Capacity Law
, pp. 98 - 147
Publisher: Cambridge University Press
Print publication year: 2022

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  • Mediating Disputes
  • Jaime Lindsey, University of Essex
  • Book: Reimagining the Court of Protection
  • Online publication: 17 September 2022
  • Chapter DOI: https://doi.org/10.1017/9781108993203.006
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  • Mediating Disputes
  • Jaime Lindsey, University of Essex
  • Book: Reimagining the Court of Protection
  • Online publication: 17 September 2022
  • Chapter DOI: https://doi.org/10.1017/9781108993203.006
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Mediating Disputes
  • Jaime Lindsey, University of Essex
  • Book: Reimagining the Court of Protection
  • Online publication: 17 September 2022
  • Chapter DOI: https://doi.org/10.1017/9781108993203.006
Available formats
×