Scottish Mediation Network

The Scottish Mediation Network was established in 1990 to:

• Raise the profile of mediation in Scotland
• Act as a professional body for mediators in Scotland
• Maintain the Scottish Mediation Register and provide access to quality assured mediation services

The Scottish Mediation Network seeks to:

• Promote a wider understanding of the appropriate use of mediation and other related forms of conflict management and prevention
• Support and promote education, training and research in skills and best practice
• Create and encourage links between mediators and Scottish public, private, voluntary and community organisations
• Promote and organise standards of professional conduct and training

The Scottish Mediation Network is membership organisation. We welcome applications from any interested parties to become a member.

We also hold the Scottish Mediation Register, which is a public database of mediators in Scotland.

If you are a mediator, and would like to join the Scottish Mediation Register, please click here for further information.

Scottish Mediation Helpline

Welcome to the Scottish Mediation Helpline. Our aim is to provide you with a simpler, quicker and less expensive way of resolving your dispute out of court.

Contact Us at

Scottish Mediation Helpline
18 York Place,
Edinburgh EH1 3EP
Telephone 0131 556 8118

Email: admin@scottishmediation.org.uk

Frequently Asked Questions

If you are unable to see your question listed here, please call the Helpline on 0131 556 8118 or email us on admin@scottishmediation.org.uk

When is mediation appropriate?

People often choose to mediate where:

• They want to maintain a relationship with the other side once the dispute is over.
• They want to stay in control of the process and not hand it over to the judge.
• They are worried about the costs of going to Court or the delay in waiting for a hearing.
• Where they want the dispute and settlement to be confidential.
• Where there may be outcomes that can be agreed which a judge could not award.
• When they want to look for a settlement rather than take the risk of a judge finding against them.
• When they are neighbours or businesses who deal in the same local area or type of work.

Why is there a Scottish Mediation Helpline?

The Scottish Mediation Network has been set up to provide information to the public, to businesses and lawyers and to the courts about mediation and mediators. It is an important part of vision for civil justice that disputes should where possible be resolved without the need for parties to go to court, and the Scottish Mediation Helpline is one way of promoting this aim.

What does the Scottish Mediation Helpline offer?

The Scottish Mediation Helpline (SMH) has been set up by the Scottish Mediation Network to provide members of the public with a simple, low cost method of resolving a wide range of civil disputes. The SMH explains the basic principles of mediation, answers general enquiries relating to mediation and puts parties in contact with a mediator.
SMH cannot offer any legal advice or legal help. Where mediation is not suitable, we will assist you in putting you in contact with other relevant advice agencies.

Is the Scottish Mediation Helpline free?

No – calls to the SMH are charged at local rates, and if you decide to use a mediator you will have to pay the costs of the mediation, which are usually shared equally with the other side.

Please see our Costs section for more information.

When can I speak to the Scottish Mediation Helpline?

The SMH is attended between the hours of 9.00am – 12.30pm and 13.30 – 5.00pm, Monday to Friday with the exception of Public Holidays.

When should I mediate?

You can consider using mediation at any stage – even before entering the court process. If the dispute is already subject to court proceedings, and if both parties wish to mediate, the court should be informed. You should contact your solicitor or the court at which the action is proceeding.

What if I want to settle my dispute without going to court?

Mediation can help. Whether you are already involved in a court action, or thinking about making a claim, you should consider mediation. It may help you to settle your dispute quicker and with fewer costs.

Do I have to go to mediation?

No – the mediation process is entirely voluntary, however, if the dispute is or will be subject to future Court proceedings, you could be subject to an increased cost order if the Court finds that you refused an offer to mediate at an earlier stage.

Is offering to mediate a sign of weakness?

No – there is nothing to lose by offering to mediate even if you believe you have a strong case. Few lawyers would advise their clients that they are bound to win a Court case.

What is the role of a mediator?

The role of the mediator is to help parties reach a solution to their problem and to arrive at an outcome that both parties are happy to accept. The mediator remains neutral throughout the process. The focus of a mediation meeting is to reach a common sense settlement agreeable to both parties in a case. The Scottish Mediation Helpline Mediators are all members of the Scottish Mediation Register and meet the benchmark standards determined by the Scottish Mediation Standards Board. They come from many different backgrounds and are all trained and experienced in helping people settle their disputes.

Are mediators insured?

Yes – the mediation providers supporting this scheme will only refer you to a mediator who is insured.

Are mediators trained?

The Scottish Mediation Helpline will only refer you to a trained and approved mediator – we believe that it is important for there to be a high level of expertise and knowledge to be effective as a mediator.

Will I have to do anything I do not want to do?

No – the process of mediation is totally voluntary

How much will mediation cost?

If you select a mediator through the SMH there is a standard scale of costs. Please see the costs section of this website to find out much it will cost each party.

Who pays for the mediation?

Usually, the cost of mediation is shared equally between the parties and it is normally paid in advance of the mediation.

Can I get help with paying the costs of mediation?

The Scottish Legal Aid Board will consider requests to cover the costs of mediation in civil cases. There is no restriction on the type of case that can be considered suitable for mediation. Funding can only be made available for mediation through a solicitor for a client. If you want the costs of mediation covered by legal aid, your solicitor will need to ask the Scottish Legal Aid Board for approval. The costs of mediation will be treated as an outlay in your account with your solicitor. Only your share of the mediation costs will be covered (half). You can find out if you are eligible for legal aid here.

Do I pay if the dispute does not settle?

Yes – the fee is paid for the mediator to facilitate the mediation, regardless of the outcome. However, the majority of cases do settle, though there can be no guarantee of success.

Who decides the outcome of the mediation?

The parties decide the outcome of the mediation. The role of the mediator is to help parties reach a solution to their problem and to arrive at an outcome that both parties are happy to accept.

Can you put me in contact with a mediator?

Yes – you will first need to contact the SMH. You will be asked for your contact details. Once this information has been obtained, we will refer your request to one of the approved mediators local to you. They in turn will contact you and discuss the process involved and try to arrange a mutually agreeable date for mediation.

Will the mediator offer legal advice?

No – if you feel that you may need legal advice you should make your own arrangements before hand. The mediator is an independent third party and must remain impartial and neutral, and whilst you may have candid discussions with the mediator, no advice will be given.

Can I have a lawyer present?

Yes – if you wish. You may feel that your dispute is rather complex and that you would prefer legal advice throughout the mediation, bearing in mind that the mediator cannot give any legal advice to the parties. In addition to the mediation fee, you are responsible for paying your own legal costs too. Please note though that most parties choose not to bring legal representation to the mediation and still manage to resolve most if not all of their dispute on the day.

Can I leave a mediation?

Yes – at any time, although most mediators will ask you to give them few minutes before you do so.

What happens if there is no agreement at the end of a mediation?

Mediation is not suitable for every case, but it can still help to settle some of the issues in a dispute. All discussions during the mediation process are ‘without prejudice’ – in other words, anything said in the mediation cannot be used later in court or another legal action.

Can I recover the costs of mediation in a court case?

Most judges will award the winning party the costs of litigation and if there has been a mediation then the costs will usually be recoverable. Please note though that cost rules are complicated and you should seek legal advice if you have any queries or concerns about this issue.

What is the court’s attitude to mediation?

Courts encourage the use of mediation wherever appropriate and in certain cases can order some costs to be paid if a party has unreasonably refused to participate in mediation.

How do I complain about the Helpline or a mediator?

In the unlikely event that you have cause to complain about any of the above please refer to our Complaints Procedure.

How long does it take to organise a mediation?

This is normally down to the parties. Once the SMH passes on your details to an approved mediator who will contact the parties to discuss the mediation process and agree a suitable time and venue.

Will I need to send anything to the Mediator?

The Mediator will inform you if they require any documents in advance of the mediation. It is suggested though that you bring sufficient copies of documents, photographs and/or any other relevant items to the mediation, should you wish to use them as part of your discussions.

Does the Mediator meet with the parties before the Mediation?

No – the mediator will conduct all discussions via telephone prior to the mediation. The first time parties meet the Mediator will be on the day of the Mediation.

Can I bring someone with me to the Mediation?

This is entirely up to you but we would recommend that you discuss this with your appointed mediator in advance.

What if I am already involved in the Court process?

If Court proceedings have been issued in relation to a dispute that the parties wish to Mediate, the Court must be contacted to put the proceedings on hold for a specified period of time to allow the parties to reach a settlement outside of the Court process.

I am a Mediator – how can I apply to join the Scottish Mediation Helpline?

The SMH only accepts applications from members of the Scottish Mediation Register..
If you need any further information or help with the application process, please contact Margaret Lynch on 0131 556 1221. Alternatively, you may email Margaret at admin@scottishmediation.org.uk.

Quality Assurance and complaints

If you are not satisfied with the level of service you have received from the Scottish Mediation Helpline please contact us either by phone, email or by letter. Whilst we would hope that you have no reason to complain, each complaint we receive, gives us the opportunity to put things right and to review our procedures.

All complaints should be addressed to the Director of the Scottish Mediation Helpline in the first instance

Director
Scottish Mediation Helpline
18 York Place
Edinburgh EH1 3EP

Telephone: 0131 556 8118
Email: admin@scottishmediation.org.uk

How do I make a complaint?

By phoning, emailing or writing to the Scottish Mediation Helpline Director.

Please ensure that you provide us with the following

• your name and a postal or email address to send a response to
• What your complaint is about, for example, was it how your call was dealt with by a Scottish Mediation Helpline or mediator, where you unhappy with the mediation itself
• Give us as much relevant detail about your complaint as possible, for example, dates, names and
• Say what you feel is wrong and how you wish us to put it right.

What will happen next?

Upon receipt of a complaint to the SMH, whether verbal or written, an adviser will log the complaint in a central record and it will be referred to the SMH Director. The Director will check each complaint to identify who is responsible for the response.

If the complaint is verbal the adviser will produce a report summarising the nature of the complaint and log it the same way as a written complaint.

A letter or email acknowledging receipt of the complaint will be sent out within 2 working days confirming log number and the contact details of the person responsible for responding to the same.
If the complaint is about the Scottish Mediation Helpline administration or website:

Your complaint will be investigated and a full response will be sent out within 5 working days of the acknowledgement letter date.

The response will:

• set out your complaint so that you can be sure we have understood it
• describe the events and circumstances surrounding it
• say whether or not the SMH has made a mistake and
• Give a reason for this decision.

If the complaint is about the Mediator you were referred to:

• All complaints relating to this area of the process will be forwarded to the Mediation Provider to whom your original enquiry to the Helpline was referred.
• Upon receipt of a complaint from the SMH the provider will acknowledge receipt of your complaint in writing setting out a deadline for the investigation and providing a point of contact for any future enquiries relating to the complaint.
• Your complaint will be investigated and the provider will aim to produce a full response within 20 calendar days of receipt of your complaint from the SMH. If this is not possible, they will write to you explaining the reason for the delay and set a new date.

The response will:

• Set out your complaint so that you can be sure we have understood it
• Describe the events and circumstances surrounding it
• Say whether or not the mediation provider/mediator have made a mistake and
• Give a reason for this decision.
• If the complaint is about how your complaint was handled and/or the response you have received

If you are unhappy with the way in which your complaint has been dealt with or the response you have received you should address your concerns to:

Chair
Scottish Mediation Network
18 York Place
Edinburgh EH1 3EP

Upon receipt of such a complaint an acknowledgement letter will be sent out within 2 working days giving you the contact details of the person who will be looking into this matter on your behalf.

Your complaint will then be investigated and a full response will be sent out within 5 working days of the acknowledgement letter date.

Useful Links

• Scottish Mediation Network
• Law Society of Scotland
• Chartered institute of Arbitrators
• Scottish legal Aid Board

Initiative and Regional Groups

There are a number of Scottish Mediation Network Initiative Groups and Regional Groups, which focus on a particular area of interest in mediation. Initiative Groups and Regional Groups are formed by the membership of the Scottish Mediation Network.

The Scottish Mediation Network encourages the formation of Initiative and Regional Groups, which act as a source of support and exchange of information, experience and good practice. Initiative and Regional Groups can also be a source of Continuing Professional Development (CPD) for mediators. The groups contribute towards the inclusion of mediators from outwith the central belt or in a less populated field of mediation. A number of Groups also produce reports and resources that can be found in our Library.

There are currently the following Groups operating in Scotland:

• Academic Study Initiative Group
• Additional Support Needs Initiative Group
• Education Initiative Group
• Environmental and Planning Initiative Group
• Workplace and Employment Initiative Group
• North-East Regional Group

Initiative and Regional Group meetings are usually held quarterly.

If you would like to become a member of one of the above Groups, please contact the Scottish Mediation Network Administrator for further information by emailing admin@scottishmediation.org.uk. All communications regarding meeting times, minutes of meetings, and additional arrangements are conducted via email.

If you would like discuss starting a new Initiative or Regional Group, please contact the Scottish Mediation Network by emailing admin@scottishmediation.org.uk.

Please note that membership of Initiative and Regional Groups is open to Scottish Mediation Network members only.

You can find out more about joining the Scottish Mediation Network here.

The Scottish Mediation Register

The Scottish Mediation Register (SMR) is an independent Register of mediators who meet the required standards for admission. This website provides access to the Scottish Mediation Register to members of the public and enables searches of the Register by geographical area and by the type of dispute.

The Register provides members of the public access to mediators who are fully trained, continue to develop their skills and have appropriate insurance. If you would like further information about the standards that mediators on the SMR must meet, they can be found here.

Membership of the SMR is a professional standard for mediators. Mediators who appear on the SMR can call themselves Scottish Mediation Registered Mediators and are entitled to use the SMR logo next to their name.

Membership of Scottish Mediation Register is a professional standard for mediators. In order to join, mediators must meet the requirements set out in the Practice Standards. These standards ensure that mediators are trained to an appropriate standard, maintain and update their skills and have appropriate insurance. Joining the Scottish Mediation Register includes membership of SMN, whilst adding professional recognition. Mediators who join the SMR are displayed on the Find A Mediator section of the website and are eligible to apply to join the panel of the Scottish Mediation Helpline.

The Scottish Mediation Network is committed to quality assurance for mediation in Scotland. As a consequence, the Practice Standards are subject to regular review. SMN also provides opportunities for mediators to develop their skills, knowledge and practice through Initiative and Regional Groups, CPD opportunities and master classes provided by the experts from Scotland and beyond.

If you have a complaint or concern about a mediator who is on the Scottish Mediation Register, information about how to notify us of your complaint and how we handle them can be found here.

Join the Scottish Mediation Network

Membership of the Scottish Mediation Network is open to all individuals and organisations. However to join the Scottish Mediation Register, the Practice Standards must be met.

Further information about joining the Scottish Mediation Network can be found in the Join section of this website.

If you have any questions or require assistance, please email admin@scottishmediation.org.uk or call 0131 556 1221.

Scottish Mediation Network Funders

The Scottish Mediation Network is a charity registered in Scotland, Scottish Charity Number SC034921, and a company limited by guarantee, Company Registered in Scotland SC258173, with its Registered Office at 18 York Place, Edinburgh, EH1 3EP.

Scottish Mediation Network projects are supported through funding from the Justice Directorate of the Scottish Government. In addition, a pilot project in Complaints Handling in the NHS is supported through funding from the Scottish Government Health Directorates Patients Support and Participation Division.

Peer Mediation and Conflict Handling skills for Looked After Children and Young People is supported through donations from the Robertson Trust and West Lothian Council.