Mediation

Frequently Asked Questions

What is mediation?
Mediation is an effective way of resolving disputes without the need to go to court. It involves an
independent third party, the mediator, who helps both sides come to 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

Mediation is a confidential process in which the mediator can help parties reach a solution they
both agree on. 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 shared by the parties in dispute.

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.

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

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
Benchmark 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 (0131 446 8118), the costs will be
as follows:

Amount you are Fees (per party) Length of session Extra hours
claiming (per party)
£5,000 or less £50 + VAT* 1 hour £50 + VAT*
£100 + VAT* Up to 2 hours
£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
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 in the Scottish Mediation Register of www.scottsishmediation.org.uk
or contact the Scottish Mediation Network office on 0131 556 1221.

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: http://www.scotcourts.gov.
uk/locations/index.asp where you can search for the contact information of your local court.

For information on mediation

Visit: www.scottishmediation.org.uk
Call the Scottish Mediation Helpline: 0131 556 8118
Email: admin@scottishmediation.org.uk

The Scottish Mediation Network is a registered charity funded by

the Justice Directorate of the Scottish Government.
Scottish Charity Number SC034921 Company Registered in Scotland SC258173 Registered Office: 18 York Place, Edinburgh EH1 3EP