For people interested in mediation in Scotland

collaborate
November 2010
Issue No 63

Small Claims
A National Mediation Service for Scotland?
Mediation
The Scottish Mediation Network (SMN) welcomes the Scottish Government‘s response
Seminar to the report and recommendations of the Scottish Civil Courts Review. In particular
November 25th 2010 we welcome the commitment to consider carefully the feasibility of a national me-
diation service.
Pollock Halls, University of
Edinburgh The Scottish Government statement gives a ringing endorsement of the value of me-
Cost: £60 Non Members, £40
diation, saying that ―the Scottish Government believes that mediation offers signifi-
Members
cant opportunities for parties to reach an acceptable settlement of disputes, poten-
tially at less cost to the public purse, and often with less distress and inconvenience
Speakers: to the parties.‖ (Paragraph 217). It says that subject to affordability in the context
of the current spending round, it will ―consider carefully any recommendations of
Case Ellis - Chicago Litigator
and Mediator
the Civil Justice Advisory Group led by Lord Coulsfield, which is examining ways to
create and support user friendly dispute resolution processes for claims of low finan-
Dr Bryan Clark - Strathclyde cial value, and how best to ensure access to justice, including through public legal
Law School education and alternative dispute resolution.‖ (Paragraph 21). It recognises that
the Review‘s recommendations are generally worthwhile but as, by themselves, they
James Rustidge - Head of
may not support a major shift towards ADR (Alternative Dispute Resolution), the
Small Claims Mediation Ser-
Scottish Government ―will therefore consider what further options may be available
vice, Manchester Civil Justice
and affordable.‖ (Paragraph 217).
Centre
SMN has been an active contributor to the ongoing reform of the civil and adminis-
Inside this issue: trative justice system in Scotland. We have had constructive input to the Scottish
Civil Courts Review and also to the reform of the Tribunals in Scotland on which the
A National Media- 1 Scottish Committee of the Administrative Justice and Tribunals Council has been
tion Service for consulting. The Chair of SMN, Charlie Irvine, is a member of the Civil Justice Advi-
Scotland sory Group and we have also responded to their consultation on ―Ensuring effective
access to appropriate and affordable dispute resolution.‖ On 25 November we are
Events 2 holding a workshop for policymakers and practitioners at which we aim to work to-
wards a model of small claims mediation for Scotland that is effective, affordable
and just (details available from SMN). SMN is ready to intensify these efforts to sup-
Balancing Act: The 3
port Scottish Government in identifying and working up ―available and affordable‖
Use of Mediation in options for progressing towards a national mediation service.
Discrimination
Cases Margaret Lynch, Director of SMN said: ―We welcome the Scottish Government’s in-
terest in doing more to help people in Scotland to resolve their disputes without all
Snippets 9 of the delay, worry and expense which can be involved in going to court or tribunal.
Access to justice is important and sometimes this does mean using the law to
achieve justice. However, very often people in dispute find it more helpful to have
The Success of 10
the help of an independent person (a mediator) to work out their own solutions to
Foreclosure Media- meet their needs. A national mediation service is a fine objective and we will do
tion in America everything possible to help Scottish Government to achieve this. These are indeed
difficult times in which resources are tight. Fortunately, mediation, as well as be-
ing a worthwhile service, can also help to save on the costs of the courts and tribu-
nals and of their users. So this may be the best time to achieve a major shift to-
wards proportionate dispute resolution.‖

The Scottish Mediation Network is a registered Scottish Charity No SC034921 and a Company Limited by Guarantee
Registration No SC258173. The registered office is 18 York Place Edinburgh EH1 3EP. Telephone 0131 556 1221
www.scottishmediation.org.uk
collaborate
Report on John Lande event
The Scottish Mediation Network would like to
thank Professor John Lande for his excellent Mas-
terclass in Mediation held on the 28th of October
2010 at York Place. This event
brought together experienced
mediators from across the Scot-
tish mediation community. It
was an opportunity to learn
from varied practice areas, en-
gage in role play and benefit
from the knowledge expertise
of Professor John Lande and
fellow professionals. John
Lande also provided the Burgess
Memorial Lecture at Strathclyde
University, a link to the web-
cast can be found on the News section of SMN
website—www.scottishmediation.org.uk
Report on Young Mediators
The Young Mediators Group of the Law Society of
Scotland attended a mediation information eve-
ning led by David Semple. It proved a fantastic
evening for Young Lawyers to learn more of the
work that the Scottish Mediation Network under-
takes and engage and learn from an experienced
mediator. An open floor for questions revealed a
real interest in mediation and the ways in which
solicitors can engage with mediation, both by rep-
resenting their client in mediation and as a train-
ing as a mediator.
LIMITED PLACES REMAINING
Small Claims Mediation:
Policy and Practice
This day will enable policymakers and practitio-
ners to focus on issues of practice and principle
with the aim of forging a model of small claims
mediation for Scotland that is effective, afford-
able and just.
SMN welcomes a panel of speakers:
James Rustidge - Head of Small Claims Mediation
Service at Manchester Civil Justice Centre
Bryan Clark - Strathclyde Law School
Case Ellis - Chicago litigator and mediator who
established a mediation scheme for party litigants
in Chicago courts
Page 2
Five-Day Mediation Skills Course—SCMC
25, 26 November, 2, 3, 9 December 2010
Edinburgh
This is a an assessed, accredited course for peo-
ple who will be using mediation skills in their
work. The course provides information on key
concepts in mediation and the opportunity to dis-
cuss and practice basic skills in a safe, relaxed
atmosphere.
The course covers the whole mediation process
from first contact with the service to closing a
case including clients‘ expectations before and
during mediation and how to maintain impartial-
ity and confidentiality.
The mediator‘s role is explained and practised
using typical scenarios for first visits to explore
mediation as an option, preparing clients for
joint meetings and handling difficult behaviour at
a meeting.
To book a place or for more information on the
above course, please contact:
Robert Lambden - Scottish Community Mediation
Centre
tel: 0131 624 9200
e-mail: info@scmc.sacro.org.uk
Mediation Skills Training
Conflict resolution and mediation skills for
HR and managers
March 15th and 22nd 2010 , 10am -4pm,
£395+VAT Perth
· Would you like to nip disputes in the bud
before they escalate?
· Would you like to reduce employment tri-
bunals?
· Would you like to up-skill your conflict
resolutions skills?
Rowan Consultancy has a successful track record
providing workplace mediation to help resolve
conflicts in Scottish organisations. Customers in-
clude Scotland Transerv, Tayside Fire and Rescue
and Scottish Autism.
―First class! Informal, friendly tutors with a sound
base of skills, knowledge and understanding of the
subject matter” Calum Bruce, Fife Fire and Rescue
―Very useful skills and techniques for facilitating
meetings. Good practical advice which can be used on
a day-to-day basis, not just in mediation meetings. I
thoroughly enjoyed the two days.” Louise Watson, HR,
University of St Andrews
Rowan Consultancy,2nd Floor, 4 Kinnoull Street,
PERTH, PH1 5EN
01738 562005 www.rowan-consultancy.co.uk
collaborate
Balancing Act: The Use of Mediation in Discrimination Complaints
On 1st October 2010 the Equality Act 2010 was intro-
duced, which merges over 116 separate pieces of
discrimination legislation into the one Act. It aims
to simplify, harmonise and, in some respects,
strengthen existing equalities legislation in the UK.
Those used to dealing with disability, race, sex or
any of the other
strands of discrimina-
tion under the previous
legislation, now need
to think in terms of
the nine ‗ protected
characteristics‘ in re-
spect of which protec-
tion is now provided in
the employment con-
text by the Equality
Act. These are disabil-
ity, gender reassign-
ment, marriage or civil
partnership, pregnancy
or maternity, race,
religion or belief, sex-
ual orientation, sex
(gender) and age. Mediators need to be aware that
unlawful discrimination can occur across any of
these areas, and alert to the need for the resolution
of workplace and employment disputes involving
any of these issues.
The use of mediation in discrimination complaints
This article seeks to examine the use of mediation
in discrimination complaints in the employment
field. Discrimination complaints are particularly
difficult and sensitive disputes, and often run over
many days in the Employment Tribunal. Under-
standing the opposing and shared concerns, the dif-
ficulties and motivations for each participant to a
legal dispute, is key to assisting parties to find a
resolution through mediation.
Over the years I have been struck by the impact on
the individual complainant of bringing a complaint
of discrimination, or of believing that one has been
discriminated against. It is very difficult for an em-
ployee to raise such issues and difficult for a com-
plaint to be dealt with to everyone‘s satisfaction. I
refer here, not just to the employee who com-
plains, but for the employer or those that are al-
leged to have discriminated. If we combine the
anxiety and difficulties which exist for a complainer
with the reaction of the alleged discriminator then
there is, before we even start to try to investigate
the issue, a considerable combined emotional ele-
ment involved. This is heightened by the way in
which the usual adversarial system of complaint and
rebuttal deals with the need to prove or defend the
allegations. This process and the experience of go-
ing through it, is often very unsatisfactory for all
Page 3
involved. Discrimination does occur and there are occa-
sions when it will be necessary to seek to establish dis-
crimination through the internal grievance or Employment
Tribunal process. Perhaps the case will establish a legal
precedent- the law is not clear cut and the employee is
prepared to run the case. Perhaps it is a matter on which
the finality of a judicial de-
termination is needed, for
either or both the employee
and employer. Or in some
cases of serious harassment,
discrimination or victimisa-
tion it may not be considered
appropriate to use mediation
from either the employee or
the employer‘s perspective.
The view may be taken that
such serious allegations
should be investigated and
tested, and indeed defended.
An employer may consider
that they need to take a
stand on a particular allega-
tion.
Setting the scene for mediation
Whether or not mediation is being contemplated, protect-
ing an employee‘s legal rights is essential, and in fact can
be helpful in terms of creating a climate in which parties
are open to the idea of mediation. From the employee‘s
point of view, they will be told to submit a written griev-
ance or a claim to the Employment Tribunal within the
statutory time limits. Knowing that their legal rights are
protected, allows them the opportunity to explore alterna-
tive ways to resolve the dispute. Equally employers will
want to protect their position. These should not be viewed
as inflammatory steps that preclude or hamper the possi-
bilities of mediation. Unfortunately due to very short time
limits and the lengthy nature of the investigation of dis-
crimination complaints, it will not be unusual for an em-
ployee to have to submit a claim, and an employer to have
to respond, while there are ongoing internal proceedings
or proposals to mediate being discussed. Handled sensi-
tively, the wish to continue to try to resolve matters out-
with the Tribunal can be communicated between the par-
ties and with the Tribunal. Indeed the power and success
of mediation is often set against the knowledge that both
the employer and employee can revert to the legal process
if necessary. Assuming then that any appropriate steps
have been taken to protect an employee‘s legal position,
can mediation be a good option, and if so why?
Handling discrimination complaints through the work-
place grievance system
The nature of complaints of discrimination means that
they often lead to lengthy investigations and long running
Tribunals. Whether or not discrimination can ultimately
be established as a matter of proof, those who have made
the complaint of discrimination within the workplace may
collaborate
have genuine concerns about discriminatory attitudes
or actions, or genuinely be unable to understand or ac-
cept the explanation provided for the way in which
they believe they have been treated. Equally, there
will be times when discrimination is not in fact taking
place, despite someone‘s perception. How do you
hope to properly investigate these perceptions of dif-
ference in treatment within the confines of an adver-
sarial workplace grievance system and against the back-
ground we have considered above? It can be fraught
with difficulties.
Determining when unlawful discrimination has taken
place is not an easy process. There are many complex
decisions in our case law which have explored how and
when Employment Tribunals can make a finding that
discrimination has taken place. This means that lay per-
sonnel assigned to investigations and decision making
within organisations in connection with such complaints
have a difficult task. If we set this task against a back-
ground, where an employer feels defensive, very possi-
bly shocked, and even angry or upset, by the allega-
tions being investigated, then subconsciously or other-
wise, it may be that it is more likely that the employer
will be looking for an explanation that counters or ex-
plains away the allegations, rather than one which sup-
ports them.
In some cases of course there will be a reasonable ex-
planation. But how easy would it be to make the finding
that discrimination has occurred? There may be some
admissions about matters that have been unsatisfactor-
ily dealt with, or an acceptance that someone could
have behaved differently, or even behaved badly. How-
ever this is usually with the caveat that this is how they
tend to treat everyone. There may be some reference
to perceptions- but rarely a clear cut finding that dis-
crimination has taken place.
This process can take a long time. Relationships in the
workplace deteriorate in the interim, and in many in-
stances, unles the employee is very strong and resil-
ient, the employee complaining of discrimination will
end up off sick. Work colleagues can become resentful
of the investigation. This impacts on the workplace.
Those other employees may also end up off sick. This
creates further difficulties, and delay to the process.
Thus even if the finding was a positive one for the
‗griever‘- at the end of this process- things will have
become very difficult if not impossible for all con-
cerned. If the matter goes further and enters the Em-
ployment Tribunal, then this has the potential for even
more damage to be done.
Issues to consider in contemplating mediation
It is within this context that some important questions
may need to be asked for an employee. What are the
chances that the employee will get what they want or
hope for from the standard procedures and processes?
What in fact are they likely to achieve, and how far this
will match their expectations? What impact will the
Page 4
process have upon them as individuals, upon their
families, and their relations at work? Even if success-
ful, will the outcome or how they feel at the end of it,
be what they wanted?
Aside from the impact on the individual, there may be
additional considerations. Will the finding at the end
of the process do anything to actually address what is
the underlying concern? How does the process improve
things, if at all, where in fact discrimination may be
taking place? Or where an employee is feels strongly
that this is the case. Will anyone actually understand
what the difficulties are and how these might be
avoided in the future? Will a very lengthy grievance
followed by an appeal if the outcome is not in favour
of the employee, followed by a full hearing at the Em-
ployment Tribunal provide the outcome, answers, or
‗justice‘ that the employee seeks?
In my experience the litigation process can often
leave employees, and indeed employers, feeling dis-
satisfied. I think for the employee, by virtue of their
position as an individual, rather than a representative
of an organisation, or being part of the corporate ma-
chinery with the support behind that, the personal toll
can be heavy. The process can leave the employee
finding it difficult to move on and to achieve closure.
That can then be a problem for both the employee
and the employer. It is also true that individual em-
ployees who are involved in the allegations of dis-
crimination will be seriously affected by the process.
As will the representatives of the employer who will
have invested much time and emotion in the manage-
ment of the dispute. The process is an arduous one,
whatever the outcome, and relationships are rarely
left intact at the end of it. In some cases it may be
right or indeed necessary that this process be followed
for any of the reasons discussed before. Or because an
individual believes that it is correct for them. How-
ever, in other cases mediation may provide a much
better alternative to continuing through the adversar-
ial process.
Wherever there is an ongoing employer/employee re-
lationship it must be arguable that mediation should
at least always be considered by both the employer
and the employee. This approach has effectively been
endorsed by the current judicial mediation scheme in
the Employment Tribunal in Scotland, where any claim
that includes a complaint of discrimination and is
likely to last for three days or more in a full hearing
will be considered for suitability for mediation. That
there is an ongoing employer/employee relationship is
a critical factor in the Vice President deciding
whether judicial mediation will be offered.
From a procedural point of view there is nothing to
prevent mediation taking place. It can be used at any
stage of the dispute. It is usually said that it is best
used at the earliest opportunity, but in some cases,
for example, it might be considered from either the
employee or employer‘s perspective that an investiga-
collaborate
tion is necessary prior to mediation. The parties‘ legal
position can be protected and the employee and em-
ployer can revert to internal procedures or the Tribu-
nal if necessary.
Benefits of mediation
Mediation can be a good alternative to the adversarial
system because it has the potential, from an em-
ployee perspective, to give the employee more of
what they might be looking for than the other scenar-
ios offer. Both participants are normally offered the
chance to present their view of the matters in dispute
at the beginning of the mediation, and an exploration
of this may continue as part of the process. This of-
fers a unique opportunity for an employee to have
someone relatively senior within the organisation hear
their story. The mediator and or employee advisor
has a crucial role in enabling the employee to present
their concerns in a professional and credible way that
will encourage this listening. This can enable the em-
ployer to really listen to the employee, and to openly
understand where the employee is coming from. They
can do so without the fear that to listen and hear
might lead to an admission of liability or weaken their
defence. For an employee this may be about their
perception or belief that they have been treated dif-
ferently, about what exactly it is that has been said or
done and why they believe it caused them a detri-
ment based on their ‗protected characteristic‘.
Rather than the employer feeling obliged to immedi-
ately defend or explain away the behaviour, or ac-
tions, mediation opens up the possibility for the em-
ployer to listen and indeed to ask questions. It offers
the possibility for the employer to gain a better un-
derstanding of the employee‘s point of view and this
is so important in discrimination complaints. It is also
a critical component in what it is hoped can be
achieved as part of the mediation on the road to as-
sisting parties to reach a resolution. Mediation then
provides the opportunity for the employer to respond
appropriately. Now it is time for the employee to lis-
ten and hear. These steps can then lead to both sides
understanding each other‘s perspective. This process
has the potential to achieve a more effective outcome
for all concerned.
In discrimination complaints the employee often wants
the employer to understand their position, to ac-
knowledge what has happened, and to ensure that it
does not happen again in the future to them or
someone else. Mediation does offer the employer the
chance to give some recognition to the employee‘s
concerns or feelings, something that is not often possi-
ble in the adversarial process. Any such understanding
and recognition together with an agreed outcome over
which the employee has some control may in fact be
more empowering for an employee than the alterna-
tive. If an employer merely offers a monetary settle-
ment to bring a complaint to an end, then this may
change nothing. There may from the employer‘s point
Page 5
of view be nothing to change. However the fact that
the complaint has arisen in the first place, and that
matters have got to the stage of needing mediation,
suggests that there are issues being raised by the em-
ployee that are worth considering, even if it is not ac-
cepted that they amount to discrimination. Thus
through mediation, the parties can begin to build an
agreement and action plan that may assist the em-
ployer and the employee to find resolution and bring an
end to the dispute with the relationship intact. This
opportunity to find a creative solution may bring more
benefit than compensation alone could bring. It will be
apparent already that for employees, many complaints
have more to them than a desire for compensation.
When the employer/employee relationship has come
to an end
Even where the relationship has or will come to an end,
it may still be important for an employee to have the
employer understand their concerns and perspective.
This can make a difference to how the employee feels
about or can respond to the future. Mediation there-
fore has the potential to resolve outstanding issues at
the end of a relationship, or to bring a relationship to a
more satisfactory conclusion. The effect on the em-
ployee of the treatment they complain of may have
been quite damaging. Settlement in purely monetary
terms does not always bring the closure and resolution
needed by the employee to move on into other healthy
working relationships, or continue on their career path.
It can be necessary to put the experience into context
and to get closure so as not to impact on future rela-
tionships. From the employer‘s perspective, there will
often be a sense of relief in finalising matters, of bring-
ing a difficult dispute to an end. However from both a
reputational and organisational point of view, ending
the relationship following mediation may conclude mat-
ters in a more amicable way. It may bring confidential-
ity which is welcome. It may even leave the organisa-
tion in a better place, with critical learning, and ac-
tions that can be taken to prevent further complaints.
Lawyers are required to present and defend discrimina-
tion cases in strict legal terms, free of emotion, bar the
need to prove the hurt and offence caused by the al-
leged discrimination. Discrimination complaints how-
ever are filled with emotion, differing perceptions and
interpretations. How is that emotion dealt with within
the formal legal process, and how do employees and
employers begin to understand where each is coming
from? Proof and defence of primary facts can focus the
issues in dispute however it probably does not deal with
the hurt and emotion, or best enable learning from the
perceptions of others. For this and the other reasons
set out above, mediation must always be worth consid-
ering, and may in some cases have the potential for the
more effective resolution of discrimination complaints
from both and employee and an employer‘s perspec-
tive.
Kathleen Bolt is a Member of the Scottish Mediation
Network, and is a registered Mediator and lawyer
who specialises in discrimination cases.
collaborate Page 6

THREE PLACES REMAINING

Mediation Conversion Course:

Workplace Mediation
Scottish Mediation Network is hosting a new 2 day conversion course on 2-3rd De-
cember. Workplace mediation appears to be one of the fastest growing areas of
practice and SMN has detected increasing interest from the membership in such a
conversion course.

This is an ideal opportunity for established mediators with experience in Commu-

nity, Family or other mediation to widen their field of competence. The course is
also likely to be of interest to those who have some experience of dealing with
workplace conflict through a managerial function, or have been involved with in-
house mediation.

The course equates to 12 Hours CPD over 2 days and will be delivered by Charlie
Irvine and Jeremy Scuse of Catalyst Mediation Ltd., both highly experienced me-
diators and trainers in the field of workplace mediation.

Introductory cost for the two days is £350 for non-members, £300 for members,
inclusive of course handouts, lunch and refreshments. No VAT is charged .

Organisations booking 2 or more delegates are eligible for a 10% discount

Who Will Benefit?

Any mediator wishing to develop a skilled practice in Workplace Mediation

£40 Members, £60 Non-Members

For more information or to book a place on the course please email

admin@scottishmediation.org.uk with your contact details or call 0131 556 1221
collaborate Page 7

Tender Notice
Organisations and Individuals who are members of the SMN Register and are able to deliver me-
diator training are invited to tender for the provision of a 6 week part-time evening Mediator
Basic training course.
The 30 hours of Mediator training are to be delivered in 2 weekly sessions lasting two and a
half hours. The training must comply with the SMR benchmark standards. The training should
be suitable for:-
· Professionals who wish to become accredited mediators

· Organisations wishing to establish in house mediation teams

· Managers and Senior Managers who wish to improve their conflict resolution skills

A detailed explanation of your quality assurance processes should be provided. Mediation

Training Providers who have their courses externally validated by independent accredi-
tation bodies such as OCN, Napier University and the Scottish Qualifications Authority
are exempt.

Tenders should be delivered to the Scottish Mediation Network to the

admin@scottishmediation.org.uk by 12 noon on 8th December 2011. The course should be run
over 6 weeks, 2 evenings per week.

Do you want to train as a mediator at a time that suits you?

Expressions of Interest are sought from individuals or organisations who might wish to book a
place on our forthcoming Part Time Evening Mediation Course.
Part Time Evening Mediation Course
The Scottish Mediation Network will be offering a 6 week part-time evening training course for
professionals who are interested in becoming Registered Mediators. The course will meet the
benchmark standards for the Scottish Mediation Register. The training should be suitable for:-
· Professionals who wish to become accredited mediators

· Organisations wishing to establish in house mediation teams

· Managers and Senior Managers who wish to improve their conflict resolution skills

The course will run from our Edinburgh office two evenings per week from end of January
2011.

Individuals and organisations who might be interested in booking a place on this training course
should send us an email expression of interest to admin@scottishmediation.org.uk.
If you wish to speak to someone about the course, please call us on 0131 556 1221.
collaborate Page 8

ADVERTISEMENT
SCOTTISH LEGAL COMPLAINTS COMMISSION (SLCC)

The Scottish Legal Complaints Commission (SLCC) requires 3 non lawyer members to become
part of their Board with effect from February 2011. The successful candidates will be ap-
pointed by Scottish Ministers in consultation with the Lord President of the Court of Session.

As a non lawyer member you will have the ability to apply objective and impartial judgement
to the resolution of disputes, have the ability to offer guidance on one or more of the following
Commission activities: regulation, consumer rights, consumer advocacy, consumer needs and
have the ability to contribute to an effective team.

The SLCC was established by the Legal Profession and Legal Aid (Scotland) Act 2007. The main
functions of the Commission are to resolve complaints alleging inadequate professional service
or negligence by legal practitioners, to refer complaints which allege professional misconduct
or unsatisfactory professional conduct to the relevant professional body and to promote good
practice in complaints handling.

Remuneration: £209 per day. Travel and subsistence costs and reasonable receipted child-
care and dependent carer expenses directly related to the Commission‘s work will be reim-
bursed.
Term of appointment: 5 years.
Time commitment: Up to 6 days per month. Around one third of the time spent on the work
of the Board and two thirds on complaints.
Location of meetings: Scottish Legal Complaints Commission, The Stamp Office, 10-14 Water-
loo Place, Edinburgh EH1 3EG.
Closing date for applications is 29 November 2010

For full details and an application pack please see our website at:
www.scotland.gov.uk/Topics/Government/public-bodies/current-vacancies

Alternatively, application packs can be obtained by contacting the address below. You should
provide your name, address and the appointment that you are interested in.
Applications should be e-mailed to: paapplicationsmailbox@scotland.gsi.gov.uk
Alternatively return by post to:
Scottish Government,
Human Resources Shared Service Centre (Public Appointments)
Saughton House (E1 spur)
Broomhouse Drive
Edinburgh
EH11 3XD
Freephone: 0800 015 8449
Fax: 0131 244 3833
Appointments to the Scottish Legal Complaints Commission are regulated by the Commissioner
for Public Appointments in Scotland. All applicants must complete and submit the application
form contained in the application pack in order to be considered for appointment. Please
note that application forms sent electronically will be in Word format and, if returning elec-
tronically, will only be accepted in that format.
Appointed on merit; committed to diversity and equality
collaborate Page 9

Help requested Awards

Bob Ironside is a new member of the Scottish Media- SMN was ―Highly Com-
tion Network who wishes to register as a mediator. mended‖ in the category
He has extensive experience as an HR professional of Best Practice 2010 for
and has recently trained with the TCM Group in
workplace mediation. He has passed his practical
our Peer Mediation Pro-
ject with West Lothian
Numbers
assessment and is currently finalising his portfolio for Council which was run by
final assessment and qualification. Carol Hope, SMNs Peer £300 million
Mediation Development
In order to help him meet the SMN eligibility require- the cost of stress
Officer.
ment of participation in at least two mediations with related absences
an experienced mediator following initial training, from work to Scot-
Bob has asked us to publicise a request for him to be Carol is picking up a bar- tish Employers last
able to observe, assist or co-mediate at an appropri- rel load of award nomi- year
ate mediation with an experienced member of the nations for her work with
SMN register. Looked After Young Peo-
ple and has gathered in £58,302,969
If you think that you may be able to help Bob gain nominations for COSLA the cost of litigation
the initial experience he needs, please contact him and CEDR awards. to Scotland‘s local
on 07967 732101 or at bobironside@btinternet.com authorities and the
health service

CMC clears path for SMN 90%

Of mediation settle-
The Civil Mediation Council has recently New Staff At SMN ments are complied
amended its constitution to recognise the with compared with
SMN has appointed 2 67% for court deci-
Scottish Mediation Network as being the ap- sions
new members of staff,
propriate body for mediators in Scotland and they are:- Kathleen
have stated that "the Board is limiting its
geographical area of concern to England and
King, Business Develop- 23.4%
ment Officer and Ruth
Wales. In view of the devolution of the rele- Duffin, Campaigns and of the claim value,
the World Bank‘s
vant government functions in Scotland and Fundraising Officer.
estimate of litigation
Northern Ireland it seems to the Board to be Kathleen and Ruth can costs
inappropriate if not impossible for the CMC be contacted on 0131
to act as the voice of those mediation com- 556 1221.
munities to government.
20
Days on average was
required to get from
STOP PRESS - Congratulations Carol referral to disposal
for mediation cases
in scotland
News has just come into the office that Carol Hope has won the Tony Curtis
Award for the best Initiative for Effective Management of Conflict at the CEDR
awards ceremony which was held in London last night. 4%
of the claim value,
Carol was up against some stiff opposition including the All Party Parliamentary the average cost of
Group on Conflict Issues, EDF the Energy Company and Tokiso who facilitated mediation
discussions between the City of Johannesburg and the taxi industry.

This is the latest in several awards which Carol has secured for the Network for
her work with looked after children and young people and their families in West
Lothian.
collaborate
The success of foreclosure mediation in the USA
Mediation has had exceptional success in America
and is now embedded in American culture. This
also extends to foreclosure mediation, with figures
demonstrating that participation in mediation has
led thousands of families being able to stay in their
own homes. Mediation allows borrowers to meet
their lender face-to-face to try to reach a settle-
ment on an overdue mortgage. It provides an op-
portunity for homeowners and lenders to discuss
alternatives to foreclosure.
Mediating a foreclosure action is fast, inexpensive,
and cost effective. Mediation is a give-and-take
process that lets the homeowner and lender – with
the assistance of a trained mediator – seek a mutu-
ally acceptable resolution to their mutual di-
lemma. By working together to explore the various
options, agreements are often reached:
· Connecticut – 60% of families participating
were able to stay in their own homes.
· Nevada – option of using a mediator to ne-
gotiate with their bank when a homeowner
receives a notice of default. 85% of partici-
pants claimed success, including home loan
modifications.
· Hartford – 35% of those eligible have par-
ticipated in the mediation programme. 60%
of participants reached a settlement to stay
in their own homes, 41% of which received
a loan modification from the lender. A fur-
ther 14% decided to leave their home, but
were able to reach an agreement with their
lender to pay off the balance of their mort-
gage.
· Florida – 75% of participants were able to
come to a successful agreement with their
lending authorities. In the past year, this
programme received participation from 43%
of home owners facing impending foreclo-
sure.
The Scottish Mediation Network is a registered Scottish Charity No SC034921 and a Company Limited by Guarantee
Registration No SC258173. The registered office is 18 York Place Edinburgh EH1 3EP. Telephone 0131 556 1221
www.scottishmediation.org.uk
Page 10
Foreclosures, where a lender sells a home and
recovers the entire sale price, are very rare in
Scotland. However repossessions, where the
lender takes possession of the home depriving
the family of right to live there, have soared as
a result of the financial crisis and many esti-
mate that the numbers will grow if there is any
significant rise in unemployment or widespread
loss of income.
Research released by Shelter Scotland indicates
that one in six homeowners in Britain are strug-
gling to pay their mortgage, a 78% increase in
one year. Further to this, one in three home-
owners in Scotland report to be living with the
constant worry of how to pay their mortgage.
The Financial Services Authority‘s recommends
that: ―lenders need to fully explore alterna-
tives to repossession and must ensure an indi-
vidual consideration of the circumstances of
any borrower in payment difficulties.
Repossession should only be considered as a
last resort.‖ Given the success of mediation in
America for foreclosures, it is clearly an option
that should be more closely examined by lend-
ing authorities in the UK when dealing with re-
possessions.
Ruth Duffin
Scottish Mediation Network
Campaigns Officer