Elder Mediations

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 £975 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.

Court Fees

The average court hearing lasts around 2 hours to 3 hours. The case is decided by a judge who is persuaded by the solicitor or barrister representing the client that their case has more merit then the other sides case.

The average fees for this are

• A barrister to represent you - £2000 plus VAT
• Client's solicitor to attend hearing - £750 plus VAT

These total £2750 for the hearing.

With Mediation the parties or clients are directly listened to by the mediator. This means that their views are directly taken into consideration.

• The average Mediation is £975 plus VAT for 5 hours.

The difference in cost being - £1,7775.

Craig Ward, Baron of Lundie MSc TEP AKC is our elder mediator. He is a solicitor and has a BA(Hons) in psychology and a Certificate in Counselling.