What is mediation?

Mediation can be a practical alternative to going to court or to a tribunal. It involves an independent third party, the mediator, who helps people to agree a solution when there is a disagreement. The mediator helps parties work out what their issues and options are, then use those options to work out an agreement.Mediation is a flexible process that can be used to settle disputes in a whole range of situations such as:

• Workplace
• Planning and Environment
• Contractual
• Consumer
• Debt
• Family
• Housing
• Neighbourhood

With the help of the mediator, the parties with the dispute decide whether they can resolve things and what the solution should be. The mediator does not take sides or make judgements. The mediator will ensure that both parties get a chance to state their case, hear the other side, work through the issues that are important to them and make an agreement. Parties in mediation are in control of the solution.

Mediation is a voluntary process and only takes place if both parties agree that they want to find a solution. It is a confidential process where the terms of discussion are not disclosed to any party outside the mediation hearing. If parties are unable to reach agreement, they can still go to court. The details of what went on in the mediation will not be disclosed or used at a court hearing. The costs of mediation are usually shared by the parties in dispute.
Mediation can be used in many circumstances. Mediators train and specialise in specific practice areas.
If you are unsure if your dispute fits into any of these areas, or would like further information, please contact the Scottish Mediation Helpline on 0131 556 8118.

To find a local mediation service, or a mediator who serves your area, use Find A Mediator or call the Scottish Mediation Helpline on 0131 556 8118.

Please click here for further information.

Frequently Asked Questions

What are the benefits of mediation?

Mediation can be quicker, less stressful and cheaper than going to court.

Is mediation successful?

Yes – Mediation Projects have demonstrated that not only is mediation successful, but is more likely to produce agreements that are followed than traditional court procedures.

Mediation is a voluntary process and only takes place if both parties agree that they want to find a solution. This explains the high success rate of mediation reported across Scotland, the United Kingdom and beyond.

Agreements made through mediation are more likely to be followed than dictated judgements. Research into mediation pilots in Aberdeen and Glasgow Sheriff Courts, supported by the Scottish Government, found that 90% of all mediated cases reached an agreement and then implemented that agreement. This is compared to a rate of 67% implementation of judgements made in traditional court procedures.

You can read the Scottish Government Report on Evaluation of In Court Mediation Schemes in Glasgow and Aberdeen Sheriff Courts by Margaret Ross and Douglas Bain for more information.

Why do people mediate?

There are a number of reasons why people choose to mediate:

• 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 trial.
• 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 should I try mediation?

Mediation:

• is confidential, unbiased and voluntary
• encourages early settlement
• puts you in control
• is less stressful than going to court
• could be cheaper than going to court
• could resolve your dispute quicker than going to court
• is less formal than court proceedings

 

When should I mediate?

Entering into mediation can be considered at any stage in a dispute or conflict. Mediation can be helpful at any time if communication becomes difficult or relationships breaks down, or if there are practical arrangements that need to be resolved.

If taking your dispute to court seems the normal course of action, you can still consider using mediation at any stage. If the dispute is already subject to court proceedings, and if both parties wish to mediate, the court should be informed and an order staying the action for mediation may be issued.

If you would like more information about staying an action for mediation you should contact your solicitor or the court at which the action is proceeding.

 

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?

Mediation can help. However mediation can only take place when both parties agree to it.

If 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.

 

Is offering to mediate a sign of weakness?

No – there is nothing to lose by offering to mediate even if you believe you are in the right or have a strong 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 will not take sides. The focus of a mediation meeting is to reach an agreement that both parties are happy with.

Mediators come from many different backgrounds and are all trained and experienced in helping people settle their disputes. The mediator need not be legally qualified, though many are.

 

Are mediators trained?

In order to be a Scottish Mediation Network Registered Mediator, mediators must meet Practice Standards. These standards stipulate a number of criteria that mediators must satisfy before being admitted onto the Scottish Mediation Register:

• Adequate training from a trainer or team of trainers with appropriate experience
• A requirement of initial mentoring or co-mediating to gain experience
• Post-training Continuing Professional Development (CPD) and practice support
• Adherence to an appropriate Code of Conduct
• An appropriate system for addressing concerns and complaints
• Appropriate indemnity insurance

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

No – the process of mediation is totally voluntary. You do not have to agree to anything in mediation that you do not want to.

How much will mediation cost?

The cost of mediation varies depending on the matter in dispute and the value of the claim. In practice, lower value claims will cost less to mediate and increase on a sliding scale with the value of the claim. If you use the Scottish Mediation Helpline, the costs will be as follows:

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 – £15,000	£300 + VAT*	Up to 3 hours	£85 + VAT*
£15,000 – £50,000	£425 + VAT*	Up to 4 hours	£95 + VAT*

* VAT payable when applicable.

If you do not use the Scottish Mediation Helpline, please contact a mediation provider directly in order to establish the cost of mediation.

You may be eligible to receive Legal Aid to cover the costs of mediation, for guidance please see “Legal Aid for Mediation”, talk to your solicitor or contact the Scottish Legal Aid Board.

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. Please contact the mediation provider to discuss potential costs. You may be eligible to receive Legal Aid to cover the costs of mediation, for guidance please see “Legal Aid for Mediation”, talk to your solicitor or contact the Scottish Legal Aid Board.

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. 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.

How do I find a mediator?

There are a number of options to find a mediator in Scotland:

• Call the Scottish Mediation Helpline on 0131 556 8118
• Search the Scottish Mediation Register by using Find A Mediator  on the Scottish Mediation Network website: www.scottishmediation.org.uk

Alternatively, contact the office where we will be pleased to assist you.

Email: admin@scottishmediation.org.uk

Post: 18 York Place, Edinburgh, EH1 3EP

Will the mediator offer legal advice?

No – if you feel that you may need legal advice you should make your own arrangements beforehand. 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 complicated and that you would prefer legal advice throughout the mediation, as 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.

Many 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 you give me a name of a good lawyer?

If you are looking for a solicitor then we suggest that you contact Law Society of Scotland.

Web: www.lawscot.org.uk

Email: lawscot@lawscot.org.uk

Tel: 0131 226 7411

Textphone: 0131 476 8359

Fax: 0131 225 2934

 

How do I complain about a Scottish Mediation Registered Mediator?

In the unlikely event that you have cause to complain about Registered Mediator please refer to our Complaints Procedure.

How long does it take to organise a mediation?

This is normally down to the parties. The mediator 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.

What is the success rate of mediation?

Mediation has a high success rate. Research into mediation pilots in Aberdeen and Glasgow Sheriff Courts, supported by the Scottish Government, found that 90% of all mediated cases reached an agreement and then implemented that agreement. This is compared to a rate of 67% implementation of judgements made in traditional court procedures.
To view the Scottish Government publication Report on Evaluation of In Court Mediation Schemes in Glasgow and Aberdeen Sheriff Courts by Margaret Ross and Douglas Bain, please use the following link:

www.scotland.gov.uk/Publications/2010/04/22091346/0

 

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 mediator in advance.

Where can I find the telephone number to my local Court?

To contact your local Court, please visit the Scottish Courts website where you can search for the contact information of your local court.

I am a mediator – how can I apply to join the Scottish Mediation Register?

The Scottish Mediation Network welcomes mediators to join the Register.

In order to be a Scottish Mediation Network Registered Mediator, mediators must meet Practice Standards. These standards stipulate a number of criteria that mediators must satisfy before being admitted onto the Register:

• Adequate training from a trainer or team of trainers with appropriate experience
• A requirement of initial mentoring or co-mediating to gain experience
• Post-training Continuing Professional Development (CPD) and practice support
• Adherence to an appropriate Code of Conduct
• An appropriate system for addressing concerns and complaints
• Appropriate indemnity insurance

If you do not meet these Benchmark Standards, you cannot join the Scottish Mediation Register. However, you may wish to be part of the Scottish Mediation Network and join as a Member.

For further information on joining the Register, please visit the join section of the website, or contact the Scottish Mediation Network.

Email: admin@scottishmediation.org.uk

Tel: 0131 556 1221

Post: 18 York Place, Edinburgh, EH1 3EP