Mediation Awareness Week 2018: Mediation - Unique Opportunities for Participation

Does mediation offer unique opportunities for parties with disabilities to participate in decision-making and dispute resolution?

This session includes presentations on two recent research projects: on the use of mediation in the Court of Protection and on young people's participation in resolving disputes about special educational needs and disabilities (SEND). Both settings involve parties (P, in the Court of Protection, and young people, in SEND) for whom participation may present particular challenges, resource demands and ethical considerations. In both, mediation takes place either prior to formal proceedings being issued or post-issue (in court or tribunal), offering an alternative framework for resolving issues about support needs, care, health issues and financial matters.

Margaret Doyle, an independent mediator and researcher at the University of Essex, will discuss her report on a recent knowledge exchange project exploring the issues of young people as rights holders and decision-makers in disputes with local authorities about their SEND support needs.

Charlotte May, an independent mediator and Team Leader for Dispute Resolution and Adult Care at Wiltshire County Council, will discuss her report on research she carried out on the use of mediation in Court of Protection cases, present case studies which illustrate both the variety of obstacles and array of benefits including costs savings, mediation can bring. She will give an overview of steps which authorities and health trusts can take to incorporate facilitated dialogue and mediation into their frameworks to promote early resolution of conflict.

The session, facilitated by Garden Court Chambers mediator Helen Curtis, will be an opportunity for participants to discuss the challenges and opportunities that mediation presents for participation of the individual at the centre of the dispute.