Medical Mediation for lawyers

For Health & Care Lawyers

Our Approach

The Medical Mediation Foundation (MMF) integrates a detailed understanding of NHS systems with specialist expertise in law, ethics and communication. Operating in accordance with the Civil Mediation Council and the European Code of Ethics, we work impartially with Trusts, local authorities, families, legal representatives and deputies to facilitate understanding and decision-making in contentious cases.

“I thought the mediator was excellent. She brought a very empathetic, inclusive approach which made everyone feel listened to and we were able to make some constructive progress.” - Counsel for Local Authority, Court of Protection case

Working with Lawyers

The distinction between mediation and litigation is fundamental. Legal representatives remain central to the process, continuing to advise their clients on rights, duties and risk throughout. The mediator’s function is not to advocate or adjudicate, but to facilitate constructive dialogue.

What to expect from health and care mediation:

• A complementary process: Mediation functions alongside formal legal representation. It provides a ‘without prejudice’ forum to clarify issues and explore options. Agreements reached through mediation can, where appropriate, be formalised via consent order, ensuring legal certainty.
• Procedural adaptability: The process is tailored to the specific stage of the dispute – whether pre-issue, post-issue or post-judgment. Meetings may be convened in person or remotely, with necessary adjustments for communication needs (e.g. interpreters, Easy Read documentation, or a phased process).
• Strict confidentiality: Discussions are private. The mediator will not relay information from private meetings to other parties without express permission. Exceptions are strictly limited to risk of harm, illegality, or specific court orders.

Is a second opinion or Clinical Ethics Committee (CEC) meeting required first?

No. Mediation frequently precedes these steps, particularly where professional communication has become impaired. In certain instances, the agreement to seek a second opinion or convene a CEC forms part of the mediated outcome.

“Thank you so much for all you have done in this case to mediate between the parties. Your report has been extremely helpful and both parties have advised that the process went really well.” - Chief Lawyer, Adult Social Care, Local Authority (Court of Protection mediation)

Why instruct a mediator sooner?

Early instruction is not an indication of impasse; rather, it is a proactive measure that:

• Mitigates the risk of entrenched disputes and emergency hearings
• Demonstrates reasonableness and proportionality to the court
• Preserves professional relationships and patient wellbeing
• Minimises cost and delay

Our Mediation Process

MMF’s process is designed to be transparent, proportionate, and responsive.

1. Initial consultation: Our administrator will schedule a complimentary, no-obligation online consultation (30–60 mins) with a specialist mediator to discuss the dispute, urgency, logistical requirements and funding (including Legal Aid or cost-sharing arrangements).
2. Proposal and indicative costs: We submit a formal written proposal outlining the structure, timescales and estimated costs. This enables parties to consider the approach alongside their legal advice.
3. Confirmation: Upon agreement of costs, the mediation is formally scheduled. A deposit (typically 25%) is required prior to the commencement of substantive work.
4. Pre-mediation meetings: The mediator conducts private, confidential meetings with each party to assist in preparation. Legal representatives may attend or advise their clients externally.
5. Joint mediation meetings: Joint sessions are convened only when parties are prepared. Prior to commencement, all participants - including legal representatives - sign an Agreement to Mediate to confirm the ‘without prejudice’ status of discussions.
6. Resolution: Any outcomes reached belong to the parties and may be formalised by legal representatives as required

Mediation Across Health & Care Law

We undertake a broad spectrum of disputes, ensuring solutions are both lawful and practical.

Adult Health and Care Disputes

From discharge planning to funding responsibilities, mediation assists in restoring professional relationships between agencies and families. It complements statutory frameworks including the Care Act 2014 and the NHS Constitution, preventing escalation into formal complaint procedures.

Adult End-of-Life Care Disputes

Disagreements regarding life-sustaining treatment place significant pressure on all parties. Mediation provides a forum to examine clinical evidence and ethical values within the framework of the Mental Capacity Act 2005, reducing the necessity for emergency court applications.

Paediatric Care Disputes

Divergence regarding a child’s best interests can escalate rapidly. Mediation enables parents and clinicians to explore perspectives within a privileged environment. Where a Children’s Guardian is instructed, they may also participate to ensure the child’s welfare remains the primary focus.

Paediatric End-of-Life Care Disputes

Where the withdrawal of life-sustaining treatment is contemplated, mediation offers a respectful space to balance medical opinion with family values. Early engagement assists families and professionals in reaching a shared understanding, potentially avoiding the distress of urgent court proceedings.

Communication Breakdown

 Where communication between families and care providers has broken down and become a barrier to the delivery of care and treatment, mediation provides a space for confidential and supported dialogue focused on restoring trust and shared, patient-focused decision-making. 

Court of Protection (CoP) Cases

Mediation is increasingly recognised by the Court as an effective means to resolve health and welfare disputes without judicial determination. It supports P’s participation (directly or indirectly) and agreements are frequently formalised by consent order. 

Judicial Review and Public Law

Engagement in mediation demonstrates compliance with the Pre-Action Protocol for Judicial Review. It enables public bodies to address communication failures or procedural misunderstandings transparently, mitigating costs and reputational risk.

Mental Health Act & Mental Capacity Act

Mediation assists with statutory disagreements regarding discharge, Section 117 After-Care, and best-interests decisions. It supports the principle of ‘least restriction’ and assists in translating legal principles into person-centred solutions.

Learning Disability and Autism

We assist agencies and families in the co-production of care plans that satisfy statutory duties under the Care Act and Equality Act, consistent with the Building the Right Support framework.

“Thank you very much for all your hard work over the last few months... You helped us to find a new perspective on this extremely complex dispute.” - Public law solicitor (Judicial Review mediation)

Next Steps

To discuss the suitability of mediation for a current or emerging case, please contact the Medical Mediation Foundation. We can advise on procedural options and explore how mediation complements your client’s legal strategy.

 

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