For the last 10 years or so mediation has been considered to be a practical solution which the parties should consider in elder situations.

In 2010 Mr Justice Henderson in the case of D v R&S [2010] EWHC 2405(COP) was pointing the parties towards the mediation process and said

“… It is the kind of case, I would venture to add, which cries out for mediation and a realistic settlement “

He went on to say

“A trial of the action is likely to be a painful and damaging experience for all concerned, and I repeat my hope that the parties will, even now, be able to come to a settlement.“

Since then there have been various cases where mediation has been deemed suitable:

Re MJL [2015] EWCOP 55

Re ARL [2015] EWCOP 63

Re GMP [2015] EWCOP 67

PB v RB & Another [2016] EWHC COP 12

London Borough of Brent v NB [2017] EWCOP 34