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Proposed legislation to tackle the frequent high hedge neighbour dispute problem has now advanced, with a decision by the Scottish Parliament’s Local Government Committee that the private members’ Bill by Mark McDonald MSP can…]]> Mediation featured prominently in Scottish Parliament Official Report Debate Contributions this month, relating to the proposed High Hedges (Scotland) Bill.

Proposed legislation to tackle the frequent high hedge neighbour dispute problem has now advanced, with a decision by the Scottish Parliament’s Local Government Committee that the private members’ Bill by Mark McDonald MSP can move to a final proposal. It is hoped that the Bill will include provisions covering the use of mediation to resolve disputes.

The main aim is to provide residents of Scotland with a mechanism that others across the UK take for granted: a right to legal framework for settling disputes related to high hedges.
“Currently that cannot be done and such disputes go unresolved, which has a significant personal cost for people’s mental health and wellbeing.”

The bill focuses on dispute resolution rather than being a prescriptive bill on hedge heights. Experience down south has shown that disputes are not necessarily just about high hedges, but about a culmination of existing disputes between neighbours. Mediation can be very effective in these circumstances.

SNP Mark McDonald believes that the best way to achieve this is to provide local authorities with powers of last resort that would allow them to take action to resolve a high hedge issue, should other attempts to resolve it fail and the Bill would ensure that neighbours attempted to resolve the problem before having recourse to the local authority, stating:
“When everyone can agree on a solution to a problem, that is likely to achieve the most effective and sustainable solution”

He stresses that the authority taking action would be very much a last resort and that the proposed option has clear benefits over court action, explaining that one of the reasons why he has leaned towards using local authorities over the Scottish Courts Service is that:
“Local authorities can be much more enabling than perhaps courts can be in identifying potential sources of mediation”.

It is hoped that the legislation will act as a deterrent and encourage people to resolve disputes appropriately, for instance by using mediation, before they reach the stage of progressing a complaint.

Read the full discussion here

Watch our video on peer mediation here

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Party A had been informed that there would be no small claim court time until February, with a subsequent disposal time from that point being an average of 50 days. As a…]]> SMN have received report of the first mediation in the North Lanarkshire Small Claims Pilot which was referred by the Scottish Mediation Network helpline.

Party A had been informed that there would be no small claim court time until February, with a subsequent disposal time from that point being an average of 50 days. As a result, the parties contacted SMN and chose to use mediation as an alternative. Arrangements for the mediation to take place were completed within two weeks and the dispute resolved in 35 minute telephone mediation.

The parties came to an agreement facilitated by a Registered Mediator, with both parties being “delighted” and “pleased” with the outcome.

This service in North Lanarkshire is free.  Additionally mediation for any type of dispute is also available across Scotland.  For more information on mediation service or for a referral please contact the Scottish Mediation Network helpline on 0131 556 8118