Private Client Mediation for Powers of Attorney, Deputyship and Court of Protection Disputes

Many courts, such as the family, civil, and commercial, have long embraced mediation as an effective alternative to litigation when handling disputes concerning Powers of Attorney, Deputyship and the Court of Protection.

At Warner Goodman, we understand the importance of using mediation wherever practical, as we find it often resolves issues faster, more cost-effectively, and leaves the final decision in our client’s hands.

Our specialists at Warner Goodman provide mediation services for in the following situations:

• Court of Protection
• Attorneyship
• Local authority
• Care providers
• NHS

Speak to our Private Client team today

Need help with private client mediation? We have specialist solicitors in Southampton, Portsmouth, Fareham, Chandler’s Ford and Waterlooville.

To find out how Warner Goodman Solicitors can assist you, contact our Private Client team on 01329 222075 or email enquiries@warnergoodman.co.uk.

Why choose our private client mediation team?

Our private client mediation team is highly effective and works to your discretion, taking extra steps with each case to cover all aspects of confidentiality and our client’s individual needs. Our experience in using mediation for a variety of cases highlights our ability to use manage even the most complex and high-value disputes.

Our team’s expertise is further supplemented by being accredited solicitors with The Association of Lifetime Lawyers (formerly ‘Solicitors For the Elderly’), as well as a number of the team being Dementia Friends. 

Furthermore, Warner Goodman is audited by Lexcel, a branch of the Law Society, to ensure that our high standards of client care and practice management are maintained.

Our private client mediation services

Court of Protection

The Court of Protection exists to help ensure that vulnerable individuals are treated well as they progress through mental decline. This can mean ensuring that their health is attended to, that they are safely housed and not isolated, and that their finances are managed appropriately.

A Court of Protection dispute could involve a disagreement over whether someone has sufficient capacity to manage their own affairs, or over what type of decisions should be made on behalf of a vulnerable individual.

Whatever the situation involves, our team will use mediation help to make sure that any disputes are unpacked and understood thoroughly before we build a strategy to ensure that every concern is addressed.

Attorneyship

As an Attorney, you may have questions about your responsibilities and duties. A mediation session can help you to gain a better understanding of what is expected of you in your role and resolve any disagreements that have arisen over the decisions being made, whether they involve the other attorneys you are working with or anyone else connected to the person you are acting for.

Local authority

There are many reasons why you may find yourself in dispute with a local authority. Whatever these reasons include, it is often possible to engage in mediation to reach a suitable resolution before a case escalate any further.

Care providers

We appreciate how crucial care providers can be to the daily well-being of vulnerable individuals, and so open communication between your family and their care providers is absolutely vital.

If you want to arrange a care provider for your loved one or wish to re-negotiate your expectations of a care provider, then our mediation team can help you to have that conversation in a productive manner, secured by the correct legal proceedings.

NHS

You may have concerns about how to maximise NHS services to ensure that your loved one receives the professional medical care that they need. Alternatively, you might feel uncertain about the decisions made by an NHS healthcare professional regarding the individual in your care.

Our mediation team can provide expert legal advice, facilitating communication and requesting medial reports to sustain and protect the wellbeing of your loved one. 

Frequently asked questions about private client mediation

What is private client mediation?

Private client mediation is a form of Alternative Dispute Resolution (ADR) that prioritises solving conflicts outside of court that are related to lifetime-planning matters such as Powers of Attorney, the Court of Protection and Deputyship.

During mediation, you will meet with an independent mediator, who will facilitate a discussion with you and the other party to help you reach a mutual agreement over the dispute you are involved in. The mediator is not present to provide any legal advice, nor will they take a side.

Mediation has several key advantages over other methods of dispute resolution, including court intervention, such as:

• A focus on confidentiality
• The preservation of interpersonal relationships
• The space to put together tailored and bespoke legal advice
• Immediate contact with expert mediators
• Speed and cost efficiency

What kinds of private client disputes can you receive mediation for?

Mediation can be effective at addressing various private client disputes relating to Powers of Attorney, Deputyship, and the Court of Protection. These could include:

Powers of Attorney disputes, including the misuse and mismanagement of healthcare and finances, and conflict and disputes between attorneys.

Deputy disputes, involving the appointing, conduct, removal or replacement, and decisions made by the deputy.

Court of protection disputes , including disagreements over the best interest of the dependant, the level of incapacitation faced by the infirm, disagreements over care arrangements, and disagreements between family members and professionals.

Can you dispute Power of Attorney, Deputyship, or Court of Protection decisions? 

Yes, you are able to dispute decisions related to Powers of Attorney, Deputyship, and cases relating to the Court of Protection. You are strongly advised to get legal help to do so as they can often  become incredibly complex and addressing the issue is rarely straightforward.

What happens if two powers of attorney or deputies disagree?

The answer depends on what sort of appointment the attorneys or deputies are under. There are two types, these being ‘joint’ and ‘joint and several’, and they both have different frameworks that determine how disagreements will be handled.

Joint appointment means that all involved attorneys/deputies must make the decisions together. This arrangement is liable to standstills. Mediation can be invaluable in these circumstances, as involving a legal professional can help find common ground and an agreed-upon course of action.

Joint and Several appointments, meanwhile, allow the attorneys/deputies to act independently. For example, one attorney could make a healthcare decision without the agreement of the other. This leaves them vulnerable to disagreements and acts of retaliation, so ADR can be used to prevent further disputes down the line.

Speak to our Private Client team today

Need help with private client mediation? We have specialist solicitors in Southampton, Portsmouth, Fareham, Chandler’s Ford and Waterlooville.

To find out how Warner Goodman Solicitors can assist you, contact our Private Client team on 023 8071 7412 or email enquiries@warnergoodman.co.uk.