2001 Civil disputes mediation
A Scottish Consumer Council overview of the development of mediation in non-family civil disputes in Scotland, and a look at the reasons why it is little used.
This page contains an outline of this review, and a summary of the key findings. Details of how to find the full report can be found at the bottom of the page.
“Consensus Without Court: Encouraging mediation in non-family civil disputes in Scotland”, Scottish Consumer Council
What is it about?
A study of the development of mediation in Scotland and how it might benefit individuals with civil, non-family disputes. It follows on from earlier research by the Scottish Consumer Council that found that the small claims procedure is not as informal as intended and places litigants-in-person at a disadvantage. It is not an empirical research study but instead gives an overview of the issues to address if civil, non-family mediation is to be developed in Scotland.
Who did it?
The review was conducted by Sarah O’Neill of the Scottish Consumer Council. It was published in August 2001.
Mediation is little used for civil disputes in Scotland, outside of community and family disputes. The primary reasons identified are the lack of awareness among individuals and resistance among legal advisers and the judiciary, suggesting the need to overcome cultural barriers. Among the other issues identified in the report that need to be addressed are:
- quality standards and regulation of mediators
- training of mediators
- a review of civil justice in Scotland
- sustainable and accessible funding models