Mediation with vulnerable adults is nothing new. What is new is where one party lacks mental capacity.
Elder Mediation Research
In 2009 Craig Ward,Baron of Lundie MSc, conducted research finding elder mediation is:
More effective than going to Court
Quicker & less costly
Current court system – unsuitable for older people
Appropriate if one party lacks capacity
He also found that respondents said mediators should be trained in certain ways to understand:
The Mental Capacity Act 2005
Assessing capacity
Decision making
Medical conditions
Court of Protection
Community care law
In 2013 another researcher Joan Braun LLB said,
There is an overlap between the training topics identified by respondents to Craig Ward’s survey and those identified in the ACR Training Objectives and the EGM Report and elder mediators should understand:
The ageing process
Decision-making
Identifying elder abuse
Adult guardianship laws
Elder Mediations
Elder and Vulnerable Adult Mediations
Craybeck Law organises elder mediations. Many elder mediations are run over half days with costs starting from £600 for 3 hours or £875 for 5 hours mediation. Additional hours are charged at £125 per hour or part of it. Mediation fees are split between parties. There is also meeting room hire costs, travel and accommodation costs.
Mediation is less expensive than going to court and often produces more effective results.
Craig Ward, Baron of Lundie MSc is our elder mediator. He is a solicitor and has a BA(Hons) in psychology and a Certificate in Counselling.
