Court of Protection
& Community care Disputes

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Why Court Of Protection and Community Issues Might Need Mediation

Disputes arise where two or more parties have differing views regarding a matter that affects them. There are three ways through which disagreements can be settled, and these include litigation, arbitration and mediation. When disagreements happen among members of a community, resolving them through mediation ensures the relationship is not broken. At the same time, the opposing parties are likely to have their interests heard.

Why the Court of Protection Cases Need Mediation

At times, one of the parties in a dispute, or one being affected by it, may lack the mental capacity to make their own decisions. The law demands that the best interests of the said party are met.

Below are some of the reasons why mediation is a better choice to litigation in the court of protection cases and community issues in general:

  • The issues, interests and expectations of the disputing parties are heard during mediation. In the court of protection, skilled mediators can negotiate for the best interests of the party who lacks capacity
  • There is a wide range of options when it comes to solutions. As long as the parties are agreeable, unorthodox agreements can be reached in a bid to solve the dispute.
  • Mediation results in long-lasting solutions, and this is particularly ideal in the court of protection. Taking part in the decision-making also maintains cordial relations, which, in turn, contribute to how long the solution will last.
  • The process of mediation is also considerably cheap and takes a shorter time to reach a solution compared to litigation.
  • The mediation proceedings are confidential and the parties can speak freely knowing that what they express will not be used against them later in court.
  • By understanding where the issues arise, the parties can take measures to prevent future disagreements. Mediation can result in good relationships between warring persons.
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