Mediation

Some disagreements cannot be resolved through correspondence or internal processes alone, but do not yet require formal proceedings.

Mediation provides a structured way of working through those disagreements, with the aim of reaching a resolution that is realistic, workable, and acceptable to those involved.

Dawson House acts as an independent and neutral mediator. We do not advise either party in the dispute.

Mediation may be appropriate where:

The mediator's role is to facilitate a structured process in which the issues can be explored and, where possible, resolved.

This involves helping parties clarify their positions, understand the constraints and realities affecting the situation, and work toward an outcome that is capable of being implemented in practice.

The mediator does not take sides, determine the outcome, or provide advice to either party.

Mediation in this context requires more than process alone. The issues often sit within complex legal and institutional frameworks, and resolution depends on understanding how those frameworks operate in practice.

Our approach is informed by detailed experience of health and social care systems, mental capacity, public law, and regulatory decision-making, including work alongside deputies and public bodies. This allows the mediation process to remain grounded in what is realistically achievable.

The focus is not on theoretical solutions, but on outcomes that can be implemented within the system as it actually operates.

Examples of situations suitable for mediation

Disagreement about care or support arrangements

Different views about what care should be provided, how it should be delivered, or who should be responsible for arranging it.

Disputes between deputies and public bodies

Situations where a deputy and a local authority or NHS body are unable to reach agreement about funding, provision, or decision-making.

Breakdown in working relationships

Where ongoing working relationships have become strained, making it difficult to progress the underlying issue.

How mediation is usually structured

Preparation

Each party provides a short outline of the issues in advance so that the mediation can proceed efficiently.

Mediation session

A structured session, usually over a full day, in which the issues are explored and resolution is sought.

Outcome

Where agreement is reached, this is recorded clearly so that it can be implemented.

Mediation can resolve disputes more quickly and with less cost than formal proceedings, and can preserve working relationships that would otherwise be damaged.

It can also clarify whether a matter can be resolved at all, or whether a formal determination is required.

Mediation is a distinct role.

Where Dawson House acts as mediator, we do not advise either party in that matter before, during, or after the mediation.

Parties may have their own advisers, or may seek advice separately before or after the mediation process.

Mediation is not a reserved legal activity.

Dawson House provides mediation as an independent and neutral service.

Where parties require legal advice or representation, that should be obtained separately.

If you are dealing with a live disagreement and want to explore whether mediation is appropriate, you can get in touch.

Discuss mediation →