​Independent Mental Capacity Advocacy;

The Mental Capacity Act 2005 is an Act of Parliament of the United Kingdom applying to England and Wales. Its primary purpose is to provide a legal framework for acting and making decisions on behalf of adults who lack the capacity to make particular decisions for themselves.

Benefits of mediation over Court Protection

  • Confidentiality for all parties (what is discussed and agreed between parties remain private)
  • Freedom to speak (what is said cannot be used in court)
  • Speedy conclusions (sometimes within hours of parties meeting)
  • Reduced costs (significantly less than the cost of traditional litigation)
  • Mutual ownership of outcomes (leading to higher rates of compliance with mediated agreement)
  • Preserved relationships (win/win outcomes rather than winners and losers)
  • The option to make agreements legally binding if desired​ 

Deprivation of Liberty Safeguards (DoLS)

​Mediation may be particularly helpful in resolving disagreements under safeguards to avoid unnecessary applications to the Court of Protection.

Note: As an IMCA service we can only work with people who meet the criteria set out in the Mental Capacity Act (MCA) and the Expansion Regulations.