For people interested in mediation in Scotland

collaborate
March 2011
Issue No 65

Fergus Ewing MSP, Minister for Community Safety, at the launch of the Scottish Mediation Helpline

Scottish Mediation Helpline

Inside this
issue
page
Launch
Peer Mediation 3 On 15th March Morton Fraser
Solicitors played host to the
“The Scottish
across Scotland
launch of the Scottish Mediation Government firmly
New Initiative 4 supports and
Helpline in their delightful
group
boardroom in the Quartermile encourages the
New 5 development in Edinburgh. use of mediation
Membership Fergus Ewing MSP, Minister for and other forms of
year Community Safety, gave an
entertaining and enthusiastic
Alternative
Legal Aid for 6 talk to a group of delegates Dispute
Mediation from all over Scotland, some Resolution.”
having travelled from as far Fergus Ewing MSP, Minister
Tribunal Reform 7 for Community Safety
in Scotland afield as Shetland.

The Helpline has been initiated to provide the public with a

Advertisements 8 simple, low cost way of resolving a wide range of disputes.
A dedicated phoneline has been set up and call handlers
Tenancy 9 will match up callers with approved mediators in their
Deposit geographical area. The project should both increase
Schemes awareness of mediation services and grow the market for
mediation in Scotland. Cont. page 2

The Scottish Mediation Network is funded by the Justice Directorate of the Scottish Government.
Scottish Charity No SC034921, Company No SC258173
Registered Office: 18 York Place Edinburgh EH1 3EP www.scottishmediation.org.uk
collaborate Page 2

Cont. from page 1

The Helpline is being marketed with an eye-catching series of humorous postcards
and posters featuring a variety of conflict situations with the tagline ‗Conflict: Don‘t
let it get out of hand. Call the Scottish Mediation helpline on 0131 556 8118‘. These
will be distributed widely through advice-giving agencies, as well as in public places
such as libraries. A plain English leaflet accompanies the postcard campaign and a
more detailed version with links to helpful sites will be made available via the
website. Readers are welcome to come to the SMN offices at 18 York Place,
Edinburgh, to pick up a free batch of postcards, or they can be posted out on
request.

The Scottish Mediation Network is pleased to acknowledge that the Helpline project
is receiving funding for the Scottish Government, as Fergus Ewing at the launch
explained:

―...we have provided funding to help launch the Scottish Mediation Helpline and
have put the necessary legislation in place to see the right measures implemented
effectively. This is a very positive development for Scotland‘s economic future, as it
will increase awareness of mediation services in Scotland, grow the market for
mediation in Scotland and promote a form of conflict resolution that is both quick
and cost-effective.‖

Call the Scottish Mediation Helpline on 0131 556 8118

Doesn‘t
listen

Doesn‘t
care

Doesn‘t
talk

Conflict: Don’t let it get out of hand

Call the Scottish Mediation Helpline on 0131 556 8118
The Scottish Mediation Helpline is a Scottish Mediation Network project, 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
collaborate Page 3

Peer Mediation across Scotland

Children in Mull participating in Peer Mediation Training

Mediation in Mull
The children of Mull will now have access to mediation, with children from every
primary school in Mull participating in Peer Mediation Training conducted by Carol
Hope. A total of 41 children and 7 teachers from Ulva, Dervaig, Tobermory, Salem,
Lochdonhead, Bunessan Primaries were trained over a 3 day visit to the island.

CPD for Peer Mediators

Continuing Professional Development sessions have been taking place across
Scotland in Glasgow, Inverness, Edinburgh, Fife and West Lothian. Craigroysten
Community High School hosted Peer Mediators from East Lothian, West Lothian and
Edinburgh City for a day of training delivered by Pauline Linn, Eilish Garland and
Carol Hope.

Peer Mediators join the Register

Peer Mediators form across Scotland have been applying to join the Scottish
Mediation Register, from 1st April we will be please to welcome 21 new mediators to
the Register. We look forward to further children joining the Register as they receive
training and CPD in schools.

“Celebrating Success in Residential Childcare”

The Scottish Government Care and Justice Conference, Celebrating Success in
Residential Childcare, takes place on 22nd March. Two young mediators from
Torcroft, Jamie and Connor, will be presenting a workshop on peer mediation and
participation, where they will showcase the award-winning DVD ―The Negotiator‖.
collaborate Page 4

Peer Mediation
Report by William Kerr, Peer Mediator
―Peer mediation, well it has made me a better person in my day to day life. I know
have better hearing and listening skills which are invaluable in everyday situations.
Just if you listen a little more carefully you are able to fully analyse a situation and
come up with a superb solution to anything.
Peer mediation has given me a greater insight into my life and shown me that what I
do can have significant effect on others so, I guess you could say it has made me
more aware of others feelings. I use the skill I have learnt from peer mediation eve-
ryday as it makes my life a lot easier, it solves a lot of the confrontation if you don‘t
listen to people properly and helps me communicate my ideas in a sensible manner.
The skills you can learn are fantastic to learn and I was grateful to have had the op-
portunity. I think if it wasn‘t for learning these skills I don‘t think I would have been
able to the person who I am today. Peer mediation is also an advantage to me now
as I am a member of the Scottish youth parliament (MSYP) and being able to defuse
tense situations is a useful technique. I am glad that I can pass these skills onto
other people to help the world communicate in a more civilised way.‖
William Kerr
Peer Mediator
Whitburn Academy
West Lothian

New Development
In-House Mediation Initiative Group
There are a growing number of in-house mediators and in-house mediation co-
ordinators in Scotland, varying in experience and knowledge. The IMIG will act as a
source of knowledge and best practice for both the experienced mediators and
novices. The objectives of the group will be agreed by the members, however the
following are proposed initially:

 Provide all members with access to best practice examples from throughout
the UK
 Promote in-house initiatives to other organisations within Scotland
 Provide guidance for member organisations within Scotland
 Influence policy makers in support of legislative support and encouragement
for in-house mediation
 Link with interested professional bodies (i.e. Chartered Institute of Personnel &
Development

For further information, or to register interest, please contact

admin@scottishmediation.org.uk
collaborate Page 5

New Membership Year

Join the Scottish Mediation Network
We will shortly be welcoming new applications for membership of the Scottish Mediation
Network and applications to join the Scottish Mediation Register. We are currently working
on an easy way for new members to join and current members to renew their membership
while our website is redeveloped. Watch out for information coming your way very soon.

Membership is open to all and the many benefits include:

Opportunities to Share and Learn

Access Initiative Groups including Additional Support Needs, Peer Mediation and Workplace
& Employment where they get a chance to share their expertise and benefit from others‘
experience, skills and knowledge of mediation and dispute resolution.
New for 2011/2012: In-House Mediation Initiative Group.

Free and Discounted Events

Improve and update your practice skills through participation in free or discounted SMN
events, CPD and advance training for mediators, HR specialists, people managers,
complaints handlers and anyone who is involved in dispute resolution at an exclusive
discounted SMN member rate.

Exclusive Networking
Join and participate in an active community in which you can engage with fellow
professionals who supply and purchase mediation services.

Regular Collaborate Newsletters

Latest news, events, ideas and developments in mediation along with upcoming training and
job opportunities.

Advertise Events
Advertise your event or training workshops in our monthly newsletter, Collaborate, with over
2500 downloads, as well as on the Scottish Mediation Network website. We also provide
newsflashes on special events, news, jobs and contracts that are notified to our members.

Coming soon: Access to members only resources and information through a newly
redeveloped website.

Registration
The Scottish Mediation Register is an independent register of mediators who meet standards
of quality. If you wish to join the Scottish Mediation Register, you must meet the Benchmark
Standards, a copy of which can be obtained on the Scottish Mediation Network website or by
contacting the office. The Scottish Mediation Register is a resource made available to the
public through Find A Mediator on the Scottish Mediation Network website. This enables
the public to search for a mediator by geographical area and by type of dispute. Registered
Mediators are also eligible to apply to be on the panel of the Scottish Mediation Helpline.

A membership information pack and instructions for joining will be made available via email
soon. If you are not currently a member and want to ensure that you receive this
information, please contact admin@scottishmediation.org.uk with your request.
collaborate
Legal Aid for Mediation:
Availability of Civil Legal Assistance
Funding for mediation is available in some
circumstances through the Scottish Legal
Aid Board. There is no restriction to the
type of case that may be considered
suitable for mediation. However, funding
can only be made available for mediation
through a solicitor for a client. In order for
the costs of mediation to be covered by
legal aid, the Scottish Legal Aid Board
must be asked for approval by the
solicitor. Only the applicant‘s share of the
cost of mediation will be covered, half the
total costs of mediation.
Whether an individual can receive legal aid
is based on both the merits of their case
and their financial position. An individual
may receive civil legal aid but still have to
make a contribution to the cost of their
solicitor. The Scottish Legal Aid Board has
a website with a guide to calculating when
legal aid might be available.
The Scottish Legal Aid Board has indicated
that Scottish Mediation Registered
Mediators will be deemed as appropriate
for applications for mediation. This will be
reflected in the guidance when it is
updated. Current guidance states that they
will also consider requests for mediators
who are accredited by CEDR, Core and the
Law Society of Scotland Accord scheme.
The Scottish Legal Aid Board may also
agree to the use of other accredited
specialists. Through the Scottish Mediation
Register, mediators can be found by
specialism and geographic area. The
Scottish Mediation Register is run by the
Scottish Mediation Network and supported
through funding from the Scottish
Government.
Page 6
There are differences with the way
mediation is treated when referred to
family mediation by a court. An ―assisted
person‖ (receiving legal aid) who is
referred to family mediation by a court,
requires no prior approval for mediation
and their share of the mediation costs will
be funded by the Legal Aid Fund. However
if an assisted person is considering asking
the court to refer their case to mediation,
their solicitor must apply to the Scottish
Legal Aid Board in advance.
There are a number of providers of Family
Mediation. The Scottish Legal Aid Board
recognises the charity Relationships
Scotland (formally Family Mediation
Scotland) and Comprehensive Accredited
Lawyer Mediators (CALM). However family
mediators are not restricted to these two
groups, there are also a number of
independent Registered Family Mediators
on the Scottish Mediation Register, who
the Scottish Legal Aid Board will also
consider.
Relationships Scotland generally focus on
disputes involving children, this mediation
service is often free. Where the service is
free there is no legal aid implication and
you can use the service without having to
get authority from the Scottish Legal Aid
Board. Where there is a charge for family
mediation, approval from the Scottish
Legal Aid Board must be sought.
If you require further information about
the availability of legal aid, including the
information that that solicitors will need for
an application to the Scottish Legal Aid
B o a r d , p l e a s e c o n t a c t
admin@scottishmediation.org.uk for an
information leaflet.
collaborate Page 7

Tribunal Reform in Scotland

The Scottish Committee of the Administrative Justice and Tribunals Council (SCAJTC) has
published its report ―Tribunal Reform in Scotland— A Visions for the Future‖. A copy can be
viewed and downloaded from their website: www.ajtc.gov.uk

The report sets out thirty-two recommendations, with the purpose of creating an
independent, coherent and user-friendly tribunal system in Scotland:

“We believe not only that reform of the tribunal sector in Scotland is
necessary for the benefit of system users, but that the time is now
right for reform...A window of opportunity exists for the creation of a
coherent, overarching governance framework to support all tribunals
in Scotland.”
Tribunal Reform in Scotland—A Vision for the Future, Executive
Summary, page v

A full copy of the report can be viewed and downloaded from the Administrative Justice &
Tribunals Council website: www.ajtc.gov.uk

Advertise in Collaborate
SMN Non- For enquiries or to place an advert in
Member Member C o l l a b o r a t e , please contact
¼ page FREE £50 admin@scottishmediation.org.uk

Adverts will be published subject to

½ page FREE £100
editorial discretion.
Full page £75 £200

New member of staff at Contribute to Collaborate

the Scottish Mediation
Network
We are pleased to introduce our new
Administrator, Michaela Wilson.
Michaela will be working part-time over
Monday to Thursday.
Michaela can be contacted at
admin@scottishmediation.org.uk
or by calling 0131 556 1221.
If you would like to contribute an article
to Collaborate, or have information or
events that would be of interest to our
readers, please contact
admin@scottishmediation.org.uk by
22nd April for the May edition of
Collaborate. Please email information to
be distributed to our members at any
time.
The content of Collaborate and
Newsflashes are subject to editorial
discretion.
collaborate Page 8

PAID INTERNSHIP OPPORTUNITY

The Scottish Mediation Network is advertising for a paid intern through the Centre
for Scottish Public Policy‘s ‗Adopt an Intern‘ program. The following advert can be
found on their website:

£5.93/hr, part-time 20hrs/week for 3 months, Immediate Start

Closing date for applications is Monday 28 March 2011

An Edinburgh-based legal charity is looking for an intern to work as Project Assistant

on their Scottish Mediation Helpline and Mediation in NHS Complaints Handling. In
this varied role you will assist with the implementation of the Scottish Mediation
Helpline project deliverables including responding to requests for mediation referrals,
drafting reports, manage web content, assist with the implementation of the
Mediation in NHS Complaints Handling in Scotland project deliverables including the
development of marketing materials, editing and reviewing case study reports, data
analysis and drafting of evaluation reports, develop marketing and publicity
materials for the Scottish Mediation Helpline and Mediation in NHS Complaints
Handling in Scotland.

The ideal candidate will have a background in law, health management or business
management and some knowledge of the Scottish legal system and/or the National
Health Service in Scotland. Excellent IT, communication and writing skills are
essential. This role requires the ability to communicate efficiently and professionally
with present and potential mediation clients and liaise with partners such as CAB,
Health Boards and the Courts service.

SMN will fund a Lothian Region travel pass and any operational costs associated with
the internship.

Please note: Adopt an Intern likes to stay in touch with applicants to see how they're
faring with their internship/job search.

Please send a CV and brief covering letter stating availability and any relevant
information on skills/experience to adoptanintern@cspp.org.uk.

Applications made directly to the Scottish Mediation Network will not be considered,
and must be made through the Centre for Public Policy.

The Centre for Scottish Public Policy is an independent think tank providing a focus
for imaginative and innovative policy debate on the key issues facing Scotland.
collaborate
ADVERTISEMENTS Page 9

Environmental Mediation
5, 6, 12, 13, 20 May 2011 Edinburgh
A five-day course aimed at those who wish to gain knowledge and
experience of mediating in an environmental context. No experience of
mediation necessary.

The training is highly interactive and we use a lot of small group work,
group discussion and role-play, as well as some written exercises. You
will be assessed and successful participants receive a certificate. The
course is accredited by the Scottish Community Mediation Network.

Cost: £700. To Book a place or for more information, please contact:

Robert Lambden, Scottish Community Mediation Centre

Tel. 0131 624 9200

Email: info@scmc.sacro.org.uk www.scmc.sacro.org.uk
collaborate
Tenancy Deposit Schemes
(Scotland) Regulations 2001:
The Role for Mediators
The Scottish Government launched a
new Landlord Deposit Scheme to
protect tenants‘ money on 24 th
January.
At present, demand landlord and
tenant disputes provides a steady
income stream for mediators,
especially for those based in University
towns and cities. Many of these
disputes centre around deposits.
The Scheme itself is widely applauded
and long overdue. However, the
wording of the dispute resolution
regulations appears to exclude
mediation and refers only to
arbitration. This would effectively mean
that those mediators who are currently
involved in this area of mediation
would be excluded under the new
scheme.
Margaret Lynch, Scottish Mediation
Network Director, wrote to Alex Neill
MSP, Minister for Housing and
Communities expressing this concern.
A reply was received from the Housing
Markets and Supply Division of the
Housing Regeneration and
Commonwealth Games Directorate on
7th March, containing the following
information:
The Scottish Mediation Network is funded by the Justice Directorate of the Scottish Government.
Scottish Charity No SC034921, Company No SC258173
Registered Office: 18 York Place Edinburgh EH1 3EP www.scottishmediation.org.uk
Page 10
―The Tenancy Deposit Schemes (Scotland)
Regulations 2011 contain a number of key
requirements about the dispute resolution
mechanism, but are designed to give
scheme administrators the flexibility to
select the most suitable mechanisms for
resolving tenancy deposit disputes, as
long as the conditions in the Regulations
are satisfied and the service is sustainable
within the scheme administrator‘s overall
business plan.‖
―Your concern is that the provision of a
dispute resolution mechanism by scheme
administrators could adversely impact on
mediation – I would like to reassure you
that I do not believe the Regulations will
have this effect. The Regulations make
specific reference to the fact that scheme
administrators must be satisfied that
attempts to resolve the dispute have been
made, and have not been successful,
before referring a request to the scheme‘s
dispute resolution mechanism. The
Regulations are not prescriptive about
how such attempts should be made –
mediation is of course one possibility.
There is no need to amend the
Regulations to allow for this.‖
―The Regulations simply provide for a
process for the determination of disputes,
as an alternative to court action, for cases
where is does not prove possible for
parties to reach an agreement.‖