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Mediation and Mental Incapacity: a Case Study

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Date:20 MAR 2006

Jacky Lewis, ADR tutor and mediator. The case study illustrates some of the points made in the article 'Mediation - Where Psychology Meets the Law' [2006] Fam Law 229. The case is based on a composite of several mediated cases; the identities have been changed. The author says the thought that there may be common ground in such an entrenched dispute may seem unlikely at first glance. However, there is always some concern that is shared whether this is a contested care case, contentious divorce mediation, or even a large commercial dispute. The experienced mediator can usually find this commonality. See April [2006] Fam Law 327 for the full article.

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