IntroductionAlternative dispute resolutionAlternative dispute resolutionAlternative dispute resolution
19.1In common with the expectations in other forms of civil and family litigation, advisers are expected to discuss the possibility of mediation or other forms of alternative dispute resolution (ADR) before litigating and to keep this decision under review.
19.2A wide range of methods of ADR may be used in the life of a Court of Protection case, ranging from informal discussions outside court, to formal mediation processes that are independently facilitated and may run into several days.
19.3The Case Management Pilot introduces ‘Dispute Resolution Hearings’ for property and affairs cases
1Case Management Pilot PD para 5.4.. These are a form of judge-led mediation and are discussed in more detail at paras 8.32–8.40 above. More broadly, the Pilot also requires the parties to make efforts to resolve disputes outside the court arena in respect of cases falling within the welfare pathway set out in the Pilot. This chapter will:
•examine the guidance about ADR in the Court of Protection;
•consider the obligations on litigants to use ADR; and
•consider the options and how they may work in the context of the Court of Protection.