Scottish Mediation Network

Forth Rail Bridge

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

You can meet our staff team here.

Read our Strategic Plan for 2012-2015 here.

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.

The Scottish Mediation Network maintains, on behalf of the Scottish Government, the register of mediators (the Scottish Mediation Register) which the European Directive on certain aspects of mediation in civil and commercial matters requires.

The Scottish Government supports the efforts of the Scottish Mediation Network to drive up standards among mediators with a view to encouraging the greater use of mediation 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.

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

Email: admin@scottishmediation.org.uk

The Scottish Mediation Helpline (SMH) is set up to provide the public with a simple, low cost way of resolving a wide range of disputes. The SMH answers general enquiries about mediation and puts parties in contact with a mediator.

What Is Mediation?

Mediation is an effective way of resolving disputes without going to court. It involves an independent mediator who helps both parties agree a solution to their problem. If parties can’t reach agreement, they can still go to court. Details about what went on at the mediation are confidential. Both parties share the costs.

Mediation is

Non judgemental: Mediators avoid taking sides, making judgements or giving guidance
Voluntary: It will only take place if both parties agree
Confidential: The information discussed is private to the parties and can’t be used in Court
Flexible: It can be used in a whole range of conflict situations
Quick: It can be quicker than going to Court
Cheap: It can be cheaper than going to Court
Effective: Parties tend to keep to the mediation agreement because they have prepared the terms themselves

Why try Mediation?

It encourages disputes to settle at and early stage
It puts you in control
It is less stressful than going to Court
It could be cheaper than going to Court
It could resolve your dispute quicker than going to Court
It is less formal than a hearing by a judge

What types of dispute can benefit from mediation?

· Employment disputes

· Consumer and contract disputes

· Family disputes

· Neighbour disputes

· School disputes

· Healthcare disputes

· ….and many others

Who are the Mediators?

The Scottish Mediation Helpline mediators are all members of the Scottish Mediation Register and meet the benchmark standards of the Scottish Mediation Register Standards Board.

They come from many different backgrounds and are all trained and experienced in helping people settle their disputes.

How does it work?

Finding you a mediator

You can either call us directly on 0131 556 8118 or go to http://www.scottishmediation.org.uk/contact/contact.asp
Your contact details will be taken and we will refer you to one of the approved mediators local to you.
They will contact you to discuss your dispute and, if all parties agree to proceed with mediation, they will arrange a time and place for the mediation.
If you don’t yet have the other party’s consent to mediation, the mediator can contact them on your behalf. If they agree, the mediator will arrange a suitable time and place for the mediation. If the other party doesn’t agree the mediator will tell you and close the file.
If a claim about dispute has been issued by the Court you must inform the Court, in writing, that the dispute is going to be mediated.

The process of mediation

At the agreed place and time all parties will meet. The mediator will usually speak to all parties together first. Parties will then speak to the mediator on a one-to-one basis in separate rooms.
During the mediation, the mediator will look for common ground between the parties and will discuss offers and proposals until an agreement has been reached.
Once parties have agreed, a mediation agreement can be drawn up and signed by all parties.

What are the possible outcomes of Mediation?

Disputes can be resolved in different ways for example:

paying compensation
a refund
an apology
an explanation
replacement goods/services
a change in policy and/or behaviour

The mediator doesn’t decide the type or value of the settlement – the parties decide this themselves.

What happens if the parties cannot agree a settlement?

Mediation may not be suitable for every dispute, but it can still help settle some of the issues. If there is no settlement you can still go to Court.

The Costs of Mediation

Mediation can be cheaper than litigation and takes less time for an outcome to be reached. Parties can discuss issues early on before legal costs escalate. Taking a case to Court can take months and involves considerable legal expense. There can be extra costs for reading court documents, consulting lawyers and attending court. The Court charges for enforcing settlements and there is no guarantee that the enforcement will be effective. In contrast, Helpline mediations are time-limited, meaning that costs are also limited.

What are the costs of mediation?

Amount you are claiming	Fees (per party)	Length of session	Extra hours (per party)
£5,000 or less*	£50 + VAT £100 + VAT	1 hour Up to 2 hours	£50 + VAT
£5,000 to £15,000	£300 + VAT	Up to 3 hours	£85 + VAT
£15,000 – £50,000 **	£425 + VAT	Up to 4 hours	£95 + VAT

What do I do now?

Call us on 0131 556 8118 or
Email us on admin@scottishmediation.org.uk

Useful Links

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.